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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Al-Mizan: Jurnal Hukum Islam dan Ekonomi Syariah
WIRA PURWADI
IAIN MANADO
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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KEWAJIBAN NEGARA TERHADAP PERLINDUNGAN TENAGA KERJA INDONESIA WIRA PURWADI
MIMBAR YUSTITIA Vol 5 No 1 (2021): Juni 2021
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v5i1.2811

Abstract

The problem of migrant workers working abroad is increasingly adding to the burden of labor problems in Indonesia, both concerning injustice in the treatment of labor dispatch, inappropriate placement, low salary standards because they are not in accordance with the agreed work contract, violence by labor users and harassment. sexual relations, the purpose of this study is to find out how the state's responsibility towards Indonesian workers abroad is. The research method uses normative research (labrary research) or library research related to statutory regulations. The results of the study indicate that the state has not been able to carry out the preamble of the fourth paragraph of the 1945 Constitution "to protect the entire nation" due to the unclear authority given by the state to the relevant institutions to be responsible for TKI abroad. . Juridically, the laws and regulations in the field of placement and protection of Indonesian Migrant Workers are not in sync vertically or horizontally.
Putusan Konstitusional Demokratis Terhadap Sengketa Pemilu Serentak 2024 Wira Purwadi; Edi Gunawan; Nurlaila TQ; Gealby A R Roring; Andika Tangkudung; Renata Saputri
Al-Mizan Vol 9 No 2 (2022): Al-Mizan
Publisher : Fakultas Syariah dan Ekonomi Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54621/jiam.v9i2.432

Abstract

The Constitutional Court is a judicial institution that has the authority to resolve disputes over general election results. If the election law is not revised, then in 2024 there will be simultaneous elections and simultaneous regional elections. This study is to find out how the challenges of the Constitutional Court are in producing democratic constitutional decisions on 2024 Simultaneous election disputes and to find out how the role of the Constitutional Court in producing democratic constitutional decisions on 2024 Simultaneous election disputes. This type of research is legal research, in the development of legal research methods normative legal research and legal research empirical legal research must be combined or used both because combining the two studies will provide comprehensive research results. The institution as a judicial institution that adjudicates PHPU will face several challenges: 1) The readiness of the Constitutional Court in providing optimal services, 2) The political pressure of the presidential election is so hot, 3) the time and quality of the decision is short. The Constitutional Court's decision must truly reflect a fair decision within the framework of implementing constitutional democracy. A fair decision can only be given by a statesman judge, not merely a judge who is an adherent of the principle of legality who goes too far and becomes the mouthpiece of the law (bouche de la loi), which should be the mouthpiece of substantive justice
Co-Authors Andika Tangkudung Edi Gunawan Gealby A R Roring Nurlaila TQ Renata Saputri