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Journal : Indonesian Journal of Law and Economics Review

Legal validity of Grace Period Renewal of Labour Agreement in Indonesia: an Example from PT. X in Sidoarjo Muhammad Ary Taufik; Noor Fatimah Mediawati; Rifqi RIdlo Phahlevy; Mochammad Tanzil Multazam
Indonesian Journal of Law and Economics Review Vol 2 No 2 (2019): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (25.137 KB) | DOI: 10.21070/ijler.2019.V2.33

Abstract

The employment agreement in certain time PKWT it has frequenly used by employers or companies, because it’s efficiently to carry on the company’s oparetions and can be uses to minimizing the outlay of company. In PT. X sidoarjo also uses a PKWT to their workers, but their agremeents still not appropriate with employes law. As we know that the validity of a work agreement must be contains of element and terms. So, according to the result bellow this study are used “socio legal” method. It’s means based on the facts in a field as an empirical social phenomenon. The employment agreement has valid when the signing of the employment agreement, but the agreement will be invalid when violating the rules governing. If a certain time work agreement PKWT is made unconstitutional thena certain time work agreement PKWT becomes an uncertain time work agreement PKWTT. The company will be subject to criminal sanctions if the work contract is not in accordance with the laws and regulation. This study has benefits for autors in the development of legal sciene and has benefits for the labor service, trade unions and the public who need information related to employment.
Release of Prisoners During the Covid-19 Pandemic In Perspective of Decree of the Minister of Law and Human Rights Number 10 of 2020 Syafarul Imam; Rifqi Ridlo Phahlevy
Indonesian Journal of Law and Economics Review Vol 12 (2021): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1627.028 KB) | DOI: 10.21070/ijler.v12i0.731

Abstract

This study aims to determine and examine the juridical basis and the process of implementing assimilation during the COVID-19 pandemic. The research method used by the author is normative juridical using a statutory approach or better known as a statute approach and a conceptual approach. The conclusion of this study explains that the Decree of the Minister of Law and Human Rights Number 10 of 2020 is a lex specialist or special rule of Law Number 12 of 1995 which is a lex generalis or general rule where the Decree of the Minister of Law and Human Rights No. 10 of 2020 as lex specialists or special rules only apply to the emergency situation of the covid-19 pandemic on the basis of tackling the prevention of the spread of the covid-19 virus. Decree of the Minister of Law and Human Rights No. 10 of 2020 is a special policy that has positive and negative impacts. The positive impact of this decision is that it can reduce the number of inmates in correctional facilities as a form of preventing the spread of the covid-19 virus, while the negative impact of this decision is that the process of assimilation carried out at home results in the repetition of criminal acts by inmates who received an assimilation program during the COVID-19 pandemic. so that the role of supervisors is expected to work well and maximally to minimize the occurrence of criminal acts again committed by prisoners who receive an assimilation program during the covid 19 pandemic.
Legal Protection for Transfer Company Employees after Law Number 11 Year 2020 Minan Zuhri Asnawi; Rifqi Ridlo Phahlevy
Indonesian Journal of Law and Economics Review Vol 13 (2021): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1211.205 KB) | DOI: 10.21070/ijler.v13i0.736

Abstract

Legal protection includes a series of legal actions that must be taken by law enforcement officers to ensure a sense of security, both mental and physical, from interference and threats from outside. To answer the problems above, the researcher uses normative research methods. The approach method used in this research is to assess the legal relationship between outsourced workers and employers based on Law no. 13 of 2003 and its implementing regulations. Researchers take a normative legal approach. The rules of Law 13 of 2003 as amended by Law 11 of 2020, regarding the employment relationship between outsourcing entrepreneurs and workers are not limited, as long as it is stated in the PKWT and PKWTT agreements. Article 61 a between articles 61 and 62 If the PKWT is terminated, the employer is obliged to provide compensation to the workers. This compensation is equivalent to severance pay for permanent employees if there is a concept that the company is obliged to pay compensation to its employees; however, this is a new provision that was not regulated in the previous Manpower Act.
Standards for conducting legal due diligence: Current developments Mochammad Tanzil Multazam; Rifqi Ridlo Phahlevy; Regita Amanah Huzairin; Melati Indah Purnama
Indonesian Journal of Law and Economics Review Vol 15 (2022): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (33.753 KB) | DOI: 10.21070/ijler.v15i0.762

Abstract

This study aims to provide an overview of current legal due diligence standards. So that it can be an answer to the various due diligence models used in previous studies. This research is a desk research, with literature sourced from the lens.org database and garuda.kemdikbud.go.id for scientific articles, and book.google.com for books. The result of this research is that legal due diligence has the same objective as legal audit, namely risk mitigation. The absence of standards for legal due diligence in general, can be filled with existing standards in legal audits, except for legal due diligence conducted by stock market legal consultants within the scope of the stock market. Because they already have special standards set by their association. The results of this research are expected to facilitate legal practice in conducting legal due diligence in the future.Highlights: Legal due diligence and legal audit share the same objective of risk mitigation. Existing standards in legal audits can be used to fill the absence of standards for legal due diligence. Stock market legal consultants have special standards set by their association for conducting legal due diligence within the scope of the stock market.
Sanctions for Rejection of Covid-19 Vaccines seen from the Perspective of the Human Rights Act and the Health Quarantine Act Damai Yanti Zulfatal Mawa; Noor Fatimah Mediawati; Rifqi Ridlo Phahlevy; Emy Rosnawati
Indonesian Journal of Law and Economics Review Vol 17 (2022): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1488.46 KB) | DOI: 10.21070/ijler.v15i0.772

Abstract

Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (COVID-19) Pandemic. The method used is normative using a statute approach, which is carried out by reviewing all laws and regulations related to this research. Collecting data from this study through primary legal materials consisting of legislation, official records or minutes in the making of legislation and judges' decisions. Meanwhile, secondary legal materials are in the form of textbooks, legal dictionaries, legal journals, and comments on court decisions. Is the refusal of a Covid-19 vaccine a violation of human rights law? And is refusing the Covid-19 vaccine a violation of the Health Quarantine Act? From this study, it can be concluded that the application of sanctions for the rejection of the COVID-19 vaccine is a form of legal protection for the community, as a form of effort to prevent the spread of the corona virus. Where the government has an obligation to protect the public from the risk of transmission of the covid-19 disease outbreak. Keywords - rejection sanctions, covid-19 vaccine, protection.