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Journal : Indonesian Journal of Law and Policy Studies

LEGAL ASSURANCE OF LABOR TRANSFER OF POWER POST APPLICATION OF LAW NO 11 OF 2020 CONCERNING WORK CREATION Ulil Albab; Angga Nugraha
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6243

Abstract

Legal certainty of outsourcing is very much needed after the enactment of Law no. 11 of 2020 concerning Job Creation because there is a lack of synchronization of the material article by article and in the article. Employment Copyright Act which changes the term Outsourcing from handing over part of the execution of work to other companies to outsourcing. Regarding outsourcing, it is regulated by Government Regulation No. 35 of 2021 concerning Work Agreements for Certain Time, Outsourcing, Working Time and Rest Time, in which Outsourcing workers must be bound by work agreements with service providers as well as worker/labor service provision agreements. The enactment of the job creation law changes the provisions on the type of work of outsourced workers in the form of supporting activities or not related to production activities. However, the job creation law removes this limitation. So that the things that become obstacles to the work of Outsourcing (Outsourcing) with the existence of article 16 paragraph (1) letter a PP 35/2021 which requires a Specific Time Work Agreement for 12 months continuously given 1 month's wages. And a Specific Time Work Agreement can only be made for certain jobs which according to the type and nature or work activities will be completed within a certain time and cannot be held for permanent work (seasonal work).
PUBLIC SPACE PARTICIPATION IN LAW ENFORCEMENT AGAINST SERIOUS HUMAN RIGHTS VIOLATIONS IN DISCOURSE PERSPECTIVE JÜRGEN HABERMAS Abdul Kadir; Fachri Aldifara Kurnia; Dwi Nur Fauziah Ahmad; Auliya Khasanofa; Ulil Albab
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6455

Abstract

This writing aims to analyze the background of the public sphere's participation in resolving cases of gross human rights violations by using the public sphere discourse of Jurgen Habermas. The method used in writing is a normative juridical approach. The point is that this research focuses more on literature studies and news studies, documentary studies on the provisions of laws and regulations. The results of this paper show that the factors that cause serious human rights cases cannot be legally resolved because of the very dominant political element in the settlement, such as this serious human rights case will be used as an advantage for practical political interests five years, and also the average perpetrators of gross human rights violations are currently an important element in the current Indonesian government. In this case, the element of public space should play an important role in resolving these gross human rights violations, in the theory of public space discus according to Jurgen Habermas, so that social problems such as legal problems can be resolved intersubjectively between the system and the public sphere, and the results obtained through consensus can be accepted. Intersubjectively without putting aside each opinion, Habermas proposes his concept of communicative discourse as a discourse that must be tested first in a communicative ratio. In the settlement of serious human rights cases, it is still possible to be resolved legally by involving the public sphere, because according to Habermas every social problem such as law can be resolved through communicative action. KEYWORDS: Communicative Ratio, Law, Serious Human Rights Cases, Public Space