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EKSISTENSI KLAUSULA PELARUNGAN BAGI SEAFARER DI INDONESIA Sintong Arion Hutapea; Winanda Kusuma; A. Cery Kurnia
UNES Law Review Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i2.217

Abstract

In the world of shipping, seafarers are bound by a Seawork Agreement (PKL) which contains requirements that must be obeyed by the parties. This includes a clause that is included in the seafarer's employment contract. Implications arising from the burial of the seafarer's corpse. The existence of a banning clause in the seafarer's employment contract. The role of the state in providing legal protection for seafarers from confinement. The ban must meet 4 formal requirements. The unbalanced bargaining position makes entrepreneurs and seafarers as parties ban clauses can appear in street vendors. Finally, the seafarer inevitably has to obey the PKL that has been agreed with the entrepreneur. States intervenes in ensuring the protection of human rights for seafarers from the prohibition clause, it needs to be done by making changes to the legal system which includes the legal structure, legal substance and legal culture
Kebutuhan Regulasi bagi Pembentukan Kelompok Pengelola Desa Ekowisata Bukit 7 Sempan A. Cery Kurnia; Sintong Arion Hutapea; Toni Toni; Muhammad Qomaruddin Ridwan
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.748

Abstract

This research is based on the fact that in Sempan Village there is have potential eco tourism for Bukit 7 Sempan which requires professional institutions. However, there is a void in the legal basis for the Sempan Village Government in creating institutional governance. This research was written using an empirical normative approach that relies on secondary data and primary data. The role of the village is part of the constitutional aspect because the village is an autonomous government unit. Village government is indeed a part that cannot be separated geographically because the village government area is also a regional government area. But uniquely, on the one hand, the village also always has its autonomy, namely in terms of controlling the village household and making village regulations. The village is a self-governing community, a form of autonomy from the Sempan Village Government in managing Sempan 7 Hill is by forming a Tourism Awareness Group (Pokdarwis). Efforts to guarantee legal certainty. By giving Pokdarwis legality, it will enjoy a position like other legal subjects.