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All Journal JURNAL RECHTENS Welfare State Jurnal Hukum
Sidi Alkahfi Setiawan
Universitas Islam Jember
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Pekerja Pemegang Saham di PT. Bank Central Asia Tbk Sidi Alkahfi Setiawan
JURNAL RECHTENS Vol. 2 No. 1 (2013): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.411 KB) | DOI: 10.36835/rechtens.v2i1.76

Abstract

Looking at the existing problems in the business world, (including in the label industry company engaged in the field of banking services) as a symbol of the dominant economic system, became inherently clear, structure and function is an anti-thesis of a law for the protection of workers, both always contradictory, found the gap between das sollen (must) with das sein (reality) and always appeared discrepancy (gap) between the law in the books and law in action. The gap between das sein das sollen and is due to the difference in perspective between the interests and principles of law (protection of workers) and economic interests (corporate profits), while the law requires the fulfillment of the rights of workers to the maximum, on the corporate side, it actually felt as a barrier because it would reduce the profit or gain. Based on the fact that the authors formulate the problem, which then could conclude as the root of the problem concerning the Legal Protection of Shareholders Workers in PT Bank Central Asia Tbk. Therefore, the need for revision of the package of labor legislation, in order to be able to walk up to the expectations of the presence of packet rules existing labor regulations empower Labour / Trade Unions to be able to carry out the purposes and functions well, the fight for workers' welfare.
Psuedo Demokrasi dalam Ranah Koalisi Partai Politik di Indonesia Sidi Alkahfi Setiawan
JURNAL RECHTENS Vol. 5 No. 2 (2016): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.326 KB) | DOI: 10.36835/rechtens.v5i2.130

Abstract

This paper uses normative juridical research method to gather a wide range of legislation as the legal basis for the establishment of political parties and compare it with the present context where the presidential system of government in Indonesia, which uses multi-party system resulted not dimunculkannya the majority party in parliament and thus require coalition between parties political. Uniquely in the practice of constitutional Coalition political party applied only to a parliamentary system instead of presidential such as in Indonesia. This phenomenon resulted in the coalition of political parties in Indonesia is not ideological but simply Coalition Coalition of interests that are very loose. This loose coalition that very often resulted in the migration of the room from each party from opposition into joining the government or vice versa depending on the extent to which the interests of the party to be accommodated. It is then called pseudeo democracy by political parties in the coalition government mechanism. Because the coalition is only based on the interest result in the emergence of changes of political party support in both the legislative and executive institutions specifically by smaller parties voiced both in parliament and in the executive.
Ambiguitas Putusan Mahkamah Konstitusi Republik Indonesia Dalam Perkara Nomor 91/PUU/MK-VXIII/2020 sidi alkahfi setiawan
WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i1.1549

Abstract

The Constitutional Court is a new institution in Indonesia that also handles dispute resolution on judicial review in Indonesia. This is related to the new order era, there was no official institution authorized to examine the formation of legislation. One form of testing the legislation is to examine the implementation of Law Number 11 of 2020 concerning Job Creation which uses the omnibus law system in the preparation of the legislation. Whereas in the legal system in Indonesia as regulated in Law Number 15 of 2019 concerning the Establishment of Legislation, it does not recognize the omnibus law system but rather on the codification of laws such as the Civil Code and Law Number 7 of 2017 concerning Elections. The emergence of this work copyright law cannot be separated from the many laws and regulations that apply in Indonesia which actually hinder investment. This over-regulation is caused by every institution and every problem, laws and regulations can be formed, which in the end actually creates a synchrony between the laws and regulations.
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