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PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG MEMPEROLEH PEMUTUSAN HUBUNGAN KERJA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Cagla Yasemin Goren; Ahmad Redi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13576

In Indonesia, the regulation on Employment is prescribed in Law Number 11 of 2003 concerning Employment. In 2020, the government enforced Law Number 11 of 2020 on Job Creation (Cipta Kerja). Since the law involves various sectors, the Job Creation Law is often dubbed as "One-Size-Fits-All" Law or Omnibus Law. With the stipulation of the Job Creation Law, there have been some changes to the Employment legislation. Job Creation law eliminates and changes part of the articles in Law No. 13 of 2003 on Employment. In this research, the author will discuss the role of Job Creation law in providing legal protection to the laborers/workers subject to the termination of work by the employers and study the new regulation in Job Creation Law on "Loss of Job Security." Loss of Job Security is a program run by the government through BPJS Ketenagakerjaan. The program aims to protect the terminated laborers/workers. The protection against the laborers/workers is vital because improving the laborers/workers welfare will ensure the preservation of harmony within the country.

PERLINDUNGAN HUKUM TERHADAP PEKERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU DI PT. DASA WINDU AGUNG BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 859 K/PDT.SUS-PHI/2019) sandra carmelita; Ahmad Redi
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10994

Legal protection for workers in a certain time work agreement at PT. Dasa Windu Agung has an important role to guarantee the main rights possessed by workers without discrimination to achieve the welfare of workers and their families. This research aims to find out whether the judges' considerations in the decision number 859K / Pdt.Sus-PHI / 2019 are in accordance with Act of The Republic Of Indonesia Number 13 year 2003 concerning Manpower and to find out the legal protection of workers in a certain time work agreement at PT.Dasa Windu Agung Based on Act of The Republic Of Indonesia Number 13 year 2003 concerning Manpower. The type of research used in this research is normative legal research and uses primary legal materials including laws, secondary legal materials in the form of books, using a statutory approach and a case approach related to the problems under study. The author analyzes the data with a deductive method. The judge's consideration in the decision number 859K / Pdt.Sus-PHI / 2019 was a little wrong because the nature of the job for the object of the job was permanent worker, this was because the job was the main job at PT. Dasa Windu Agung as production. Therefore, unituk get rights as workers are given legal protection in the form of wage protection, social security protection for workers and security protection for work.

KEPASTIAN HUKUM DAN AKIBAT HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA KARENA PENOLAKAN MUTASI OLEH PEKERJA (STUDI KASUS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 461 K/PDT.SUS-PHI/2017) Vania Safira Putri; Ahmad Redi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10571

As living beings, people have to have various needs that shall be fulfilled to sustain their life. Every people shall work to fulfill their necessities of life. People may work by being an entrepreneur or as an employee to work for any employer. Sometimes, the employer gives an order to mutate an employee from a position to another. But often, the mutations gives are not in accordance with the employee’s skills and passions resulting in the mutation refusal from the employee. As a result of the refusal, often the employee is considered not obey a working order given by the employer, the employee is considered not carrying out the work order and may be subject to sanctions, including Termination of Employment. The result of the study reveals that there is legal uncertainty in the regulation with regard to whether or not a refusal of mutation by an employee shall be used as a valid reason to terminate the employee. Furthermore, it can result in a contradiction between one court decision and another.

ANALISIS TERHADAP PEMBERHENTIAN APARATUR SIPIL NEGARA SECARA TIDAK HORMAT AKIBAT DIKELUARKANNYA SURAT KEPUTUSAN BERSAMA (SKB) 3 MENTERI (STUDI KASUS PUTUSAN NO. 9/6/2019/PTUN-TPI) Twini Nurul Ariestiani; Ahmad Redi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17136

Government employees play a vital part in their obligations and specialists, for the accomplishment of carrying out government and advancement undertakings to accomplish public objectives. This goal has been directed in the Overall arrangements of Article 10 of Law no. 5 of 2014 concerning Civil Servant, In this investigation utilizing regularizing juridical by observational examination. This exploration utilizes a legal methodology, an idea approach and a case approach. The aftereffects of this investigation demonstrate that lawful choices that are restricting on the Joint Pronouncement (SKB) of the Pastor of Home Undertakings, MENPAN and RB, and the Head of BKN Number 182/6597/SJ, Guideline Number 15 of 2018 or 153/KEP/2018, to the Common Help Administrative Official doesn't have restricting lawful power by and large, it's simply that this Joint Announcement stays restricting for the Staff Directing Official and the Authority approved to uphold the law for this situation disgraceful excusal. Legitimate insurance to Civil Servant assembly for despicable release in Court Choice Number 9/G/2019/PTUN-TPI has not been completely acquired for ASN for this situation. From the above case, which started with a criminal demonstration of defilement by the convict/culprit, to Civil Servant Rivana, ST, he has been authorized through losing his employment and his compensation as a Government worker. The litigant/culprit, to be specific that Rivana, ST, has been condemned to detainment for 1 (one) year and 4 (four) months as expressed by the Tanjungpinang Locale Court No. 412/PID.B/2008/PN.TPI which has extremely durable lawful power on February 18, 2009

PENYULUHAN HUKUM BENTUKAN KOPERASI TAMBANG UNTUK PERTAMBANGAN RAKYAT DI KABUPATEN SUKABUMI Agatha Lafentia; Michelle Prawira; Rayhan Fiqi Fansuri; Gunardi Gunardi; Ahmad Redi; Lewiandy Lewiandy
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13571

People’s mining is a form of people's participation in mining business activities in areas that contain mining materials. As written in Article 33 paragraph 3 of the 1945 Constitution, the earth, water and natural resources contained therein are intended for the prosperity of the Indonesian people. As an actual form of implementation of Article 33 paragraph 3 of the 1945 Constitution, the people should actually be given a share in the world of mining. However, all people's mining activities are often hindered by the messy licensing procedure or what is commonly known by the acronym IPR (People's Mining Permit). In general, people or groups entitled to IPR are local residents, be they individuals or community groups and cooperatives, this is in accordance with what is mandated in Article 67 paragraph (1) of Law no. 4 of 2009 concerning Mineral and Coal Mining. Cooperatives in their activities are based on the principles of the people's economic movement which are based on the principle of kinship. This study aims to determine how mining cooperatives are formed in the eyes of Indonesian law and to clarify the basis for their formation. The results showed that the establishment of a cooperative to assist community miners in managing the mining process was normative, safe, and smooth

URGENSI UNDANG-UNDANG TENTANG LEMBAGA KEPRESIDENAN DALAM SISTEM PEMERINTAHAN REPUBLIK INDONESIA DIKAITKAN DENGAN EKSISTENSI UNDANG-UNDANG LEMBAGA-LEMBAGA NEGARA LAINNYA Muhammad Jodi Wiranto; Ahmad Redi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17137

“The President is referred to as the Head of State as well as the Head of Government and is the central figure of the Presidential institution in implementing decision-making in the Indonesian government system. According to Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, hereinafter referred to as the 1945 Constitution of the Republic of Indonesia. The State of Indonesia is a unitary state in the form of a Republic. A Republic is a country headed by a president . Almost all state institutions have laws, while the government of the president and vice president do not have laws. Even though it is very important what needs to be regulated in the Duties and Authorities of the Vice President , the relationship between the President's institution and other high state institutions, regarding the rights, obligations and prohibitions of the presidential institution. The type of research in this legal research is descriptive normative or doctrinal legal research which is carried out through a critical, logical and systematic identification process using a historical conceptual approach and a judicial analysis approach (legal analysis), namely an approach to see the historical conception of the Presidential institution according to the period of time. the power of the Presidential in the Constitution as well as the norms governing the Presidential institution in the Act and their urgency and are associated with the existence of laws on other state .

ANALISIS KEABSAHAN KEPUTUSAN GUBERNUR JAWA TENGAH NOMOR 660.1/6 TAHUN 2017 TENTANG IZIN LINGKUNGAN KEGIATAN PENAMBANGAN DAN PEMBANGUNAN PABRIK PT SEMEN INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Arief Hidayat; Ahmad Redi
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The State of Indonesia is a State of Law. But, in fact the ideals of the idea of the State of Law that was built by developing the legal tool itself as a system that is functional and just to achieve community welfare and social justice has not been optimally done. This is reflected in the new Environmental Permit issued by Central Java Governor Ganjar Pranowo (No. 660.1 / 6 of 2017 on Environmental Permit for Mining and Construction Activities of PT Semen Indonesia Plant) is considered to have injured the ideals of the law itself. The new Environmental Permit is contradictory to the content of the Review Judgment issued by the Supreme Court (Supreme Court Verdict Decision Number 99 PK / Tun 2016), because in the ruling it ordered that the Governor Replace the old Environmental Permit, which was issued in 2012 and did not issue New Environmental Permit. The verdict contains the basis of judges' consideration in deciding cases that have reflected fairness and legal certainty. The result of the research on the validity of the Environmental Permit Decree on the Review Judgment issued by the Supreme Court concluded that the decree should be invalid because it is not in line with the decision of the court which has permanent legal force.

PENERAPAN ASAS POLLUTER PAY PRINCIPLE DAN STRICT LIABILITY TERHADAP PELAKU PEMBAKARAN HUTAN Malvin Edi Darma; Ahmad Redi
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The environment is a very important part of human life. Therefore, the destruction of the environment, especially the destruction of forests, must be overcome. One method of doing this is through the enforcement of the environment law. Increasingly, the awareness in the enforcement of environmental law is also growing, as evidenced by the enforcement of environmental law through strict liability and polluter pay principle approach. The principle of Strict liability and polluter pay principle in the enforcement of environmental law in Indonesia is regulated in the provisions of Articles 88 and 87 of Law No. 32 of 2009 on Environmental Protection and Management. However, the problem remains as the application of the principle of strict liability and polluter pay principle has not reached its full effectivity in the enforcement of environmental law in Indonesia. Based on these two principles, the perpetrators of environmental destruction, namely the forest burners, are responsible for losses caused by their deeds. Therefore, this research will discuss the application of strict liability principle and polluter pay principle in enforcing environmental law against forest burning actors.

ANALISIS TERHADAP PERMOHONAN PENERBITAN AKTA KELAHIRAN YANG DITOLAK OLEH DINAS KEPENDUDUKAN DAN PENCATATAN SIPIL PASCA-PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XI/2013 Ria Evarini Natalia; Ahmad Redi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10568

The state of Indonesia, which is a constitutional state, has the right to obtain the identity of Indonesian citizens. One of them is getting a birth certificate. Historically, the establishment of the Indonesian state had the goal of creating a country that was prosperous, orderly, safe, and far from poverty. The goal of the Indonesian state, which wants its people to prosper, includes obligations that must be fulfilled. With the obligation to improve the welfare of the people, it is not spared from service so that a state law order is formed. The government that regulates state administration is the Population and Civil Registration Service. In the decision which states that the Petitioner who is 66 (sixty six) years old wants to process a petition that has been born that was rejected by the Population and Civil Registration Service then the applicant who goes to the District Court which should be in accordance with the decision of the constitutional court which is no longer under the authority of the court country to issue birth certificates. So that population action and civil registration are not in accordance with the objectives of the Indonesian state, namely to create a prosperous Indonesian state by carrying out population administration services.

ANALISIS PEMBERIAN INSENTIF PAJAK PENGHASILAN PELAKU USAHA MIKRO, KECIL, DAN MENENGAH (UMKM) TERDAMPAK PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) Santi Wulandari; Ahmad Redi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17107

The COVID-19 pandemic has made a huge impact on people's social life in all sectors. Social distancing policies have brought about a big change in people's lifestyles. Deteriorating economic conditions due to the pandemic have made it difficult for people, especially business actors, to make sales, fulfill obligations or pay debts, and have difficulty paying taxes. Taxes have a function as a tool to regulate society in the economic, social, and political fields to reach a certain goal. The government has implemented a package of economic policies such as fiscal, monetary, and financial services regulation as a measure to reduce the impact of the COVID-19 pandemic. The provision of income tax incentives is one of the fiscal policies provided by the government to Micro, Small, and Medium Enterprises (MSME) actors is expected to cope with the impact of COVID-19. The provision of tax incentives to business actors is expected to create a multiplier effect so that public welfare is guaranteed. Therefore, the writing of this thesis will focus on the regulations of income tax incentives for MSME actors and their urgency in the national economic recovery.

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