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All Journal TATOHI: Jurnal Ilmu Hukum
Merlien Irene Matitaputty
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Pekerja Di Masa Pandemi Covid-19 Karina Hatane; Saartje Sarah Alfons; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Legal protection of workers in working relationships is needed, considering the position of workers socially-economically very weak especially during the pandemic covid 19. Many companies suffer losses due to restrictions on community activities that affect the company’s income, so workers and affects the normative rights of workers.Purposes of the Research: This paper ains to know the form of legal protection for workers who are laid off and know the implementation of legal protections against workers during the covid-19 pandemic.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the study, obtained the results that the form of legal protections against workers who were laid off during the covid 19 pandemic includes 2 (two) forms of legal protection both from employers in the form of fulfillment of workers rights that have been contained in the legislation in the form of compensation and work experience latters while from the government, the issuance of legal products and worker protection programs. Implementation of such protections is applied in accordance with the regulations and circulars issued to workers during the covid 19 pandemic related to the rights fulfilled by mutual agreement although  in the context there are also workers rights that are not fully fullfiled in accordance with the provisions of the legislation until the issuance of the pre-employment card program, cash-intensive programs and social safety nets.
Keabsahan Pengelolaan Destinasi Pariwisata Kota Tual Ditinjau Dari Undang-Undang Nomor 10 Tahun 2009 Tentang Kepariwisataan Nurul Fatiha Renuat; Julista Mustamu; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1462

Abstract

Introduction: Tual City as an autonomous region that has regional tourism potential currently cannot be managed optimally by the regional government and regional apparatus in this case the tourism office.Purposes of the Research: The purpose of this study is to find out and analyze tourism destination managers who are carried out without being based on the Master Design for Tourism Development and to find out and analyze the legal consequences of managing tourism destinations without being based on the Master Design for Tourism Development. Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: The results of the research are that the first management of tourism destinations cannot be carried out without being based on the Master Design for Tourism Development because it is not based on the Regional Tourism Development Master Plan (RIPPARDA) as a special regulation governing tourism and the second result is that the main legal consequence is that no budget is disbursed. to the local government and related devices because the requirement for a regional budget is the existence of the Regional Tourism Development Master Plan (RIPPARDA) so that tourism management in Tual City automatically becomes hampered and cannot run optimally.
Pengawasan Terhadap Penjual Bensin Eceran Di Kota Ambon Santri Hairu Letahiit; Julista Mustamu; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1445

Abstract

Introduction: Retail gasoline sellers are gasoline traders in retail with the object of goods being premium gasoline and pertalite.Purposes of the Research: This study aims to find out and examine how to supervise retail gasoline sellers in Ambon City. Methods of the Research: This writing was carried out with the type of normative juridical research, namely research carried out to obtain data through library studies, namely various literature and scientific materials, and so on. In the normative juridical approach, the data are obtained by using various thoughts of experts and legal theories and existing literature.Results of the Research: Retail gasoline sales are easily found in various district-based areas as well as in cities, even though there are already many gas stations in urban areas, especially in Ambon city. This phenomenon becomes very interesting if one looks at the substance of the Oil and Gas Law, which states clearly that someone who wants to run a business or sell gasoline must have a permit from the government, which of course must go through a strict verification and administrative process. But in reality on the ground, this is really not as it should be, most of the retail gasoline sellers do not have a license or business certificate.
Problematika Buruh Outsourcing Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Siti Zumrah Koly; Saartje Sarah Alfons; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1812

Abstract

Introduction: Changes to the provisions regarding outsourcing in the Job Creation Law have substantively eliminated legal protection for outsourced workers and workers in general and perpetuated the contract system by expanding the scope of work of outsourced workers.Purposes of the Research: This writing aims to find out the problems experienced by outsourcing workers after the decision of the consitutional court number 91/PUU-XVIII/2020.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Based on the results of the study, it was  found that after decision of the constitutional court number 91/PUU-XVIII/2020 brought several problems for workers, especially outsourcing workers as contained in law number 11 of 2020 concerning job creation and also had not accommodated the perpective of Indonesian legal products regarding that fulfillment of labor rights in law number 11 of 2020 concerning job creation, including : (1) continuing to perpetuate the outsourcing system which was massively rejected when it was encated in law number 13 of 2003 concerning manpower, (2) the loss of restrictions on the types of work that can be outsourced in order to benefit the company to reduce production costs in terms of wages because the outsourcing system in determining wages has three components that are distibuted, namely outsourcing companis, outsourcing workers, and service user companies, (3) threatened with unilateral layoffs because in the changes to the provisions for layoffs in law No or 11 of 2020 concerning job creation states that layoffs are sufficient to be carried out throught notification from.
Co-Authors Julista Mustamu Karina Hatane Nurul Fatiha Renuat Saartje Sarah Alfons Santri Hairu Letahiit Siti Zumrah Koly