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All Journal Nagari Law Review Jurnal Dedikasi Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Lareh Law Review Kanun: Jurnal Ilmu Hukum
Gusminarti Gusminarti
Universitas Andalas
Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Nagari Law Review

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Penyelenggaraan Jaminan Hari Tua Terhadap Asisten Rumah Tangga Yang Bekerja Pada Orang Perseorangan Pasca Diberlakukannya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Gusminarti Gusminarti; Hendria Fithrina
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.158-169.2023

Abstract

To achieve the government's goal of providing decent work for the community as accommodated in the Constitution Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as regulated through a derivative regulation of Law Number 13 of 2003 which regulates Manpower. The presence of this arrangement provides certainty to the workforce who are people who can do work to produce goods and services both to meet their own needs and for the community. However, over time, there were several changes to the regulations with the presence of the Job Creation Act which reduced the labor guarantee. In this regard, the author will examine several problems, namely: how is the protection of old-age insurance in the social security system for workers in Indonesia, how is the application of the rules for the protection of old-age insurance to the participation of household assistants who work for individual employers, what appears in providing this old-age insurance protection for household assistants, and what efforts will be made by the Manpower Office in embracing household assistants to become participants in the old-age insurance protection. With the presence of several problems that will be studied by the author using a normative juridical research method that will focus on labor legislation, this is also strengthened by a qualitative approach method. The presence of an effort to protect the workforce by providing Old-Age Security protection, especially to Household Assistants, is the answer that we want to produce for efforts with the presence of regulations that protect ART in Indonesia
Penguatan Fungsi Pengawasan Pemerintah Kota/Kabupaten Dalam Penggunaan E-money Brizzi Sebagai Alat Bayar Retribusi di Sumatera Barat Hengki Andora; Gusminarti Gusminarti; Romi Romi; Abdhy Walid Siagian
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.117-133.2023

Abstract

Levies are a source of original regional income as regulated in Article 285 Paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The authority to collect levies is regulated in Article 23A of the 1945 Constitution, then implemented by Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. So far, retribution collection has been carried out in cash, and along with technological developments, this method is no longer suitable, so it has been replaced with electronic money. This provision is based on Bank Indonesia Regulation Number 20/6/PBI 2016 concerning E-Money and is reinforced by the Circular Letter of the Minister of Home Affairs Number 901/1866/SJ /2017 which regulates the Implementation of Non-Cash Transactions and Presidential Instruction Number 10 of 2016 concerning Prevention and Eradicating Corruption. West Sumatra, as one of the provinces in Indonesia, has implemented the use of E-Money facilities in 2019 through E-Money Brizzi issued by Bank Rakyat Indonesia. It's just that in practice there are deviations in implementation so that we don't get maximum results. In connection with this, the author conducted research with the title "Strengthening the Supervision Function of the Use of Brizzi E-money as a Means of Paying City/Regency Levy Fees in West Sumatra". The areas used as samples. research is Padang City, Pariaman City, and Bukittinggi City with the main problems being researched. How to strengthen the monitoring function regarding the use of e-money Brizzi as a means of paying levies in cities/regencies in West Sumatra? From the research results, strengthening the monitoring function of the use of E-Money Brizzi in City/Regency governments in West Sumatra can be carried out by the parties, namely BRI as the Issuer of E-Money Brizzi and Bapenda as the user of the E-Money Brizzi facility in collecting levies. Meanwhile, the problems found in strengthening the supervisory function for the use of these facilities are incomplete regulations as a legal umbrella to serve as technical guidance in monitoring the use of facilities at each collection agency, and there is still a lack of education and outreach to the public by the parties.
Implikasi Pengisian Jabatan Tinggi Pratama Terhadap Pelaksanaan Putusan Pengadilan Tata Usaha Negara Akibat Pemberhentian Pejabat Tinggi Oleh Pejabat Pembina Kepegawaian Khairani Khairani; Gusminarti Gusminarti; Muhammad Qadri
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.341-353.2023

Abstract

This study aims to find a solution or policy in the case of the termination of the Senior High Officials (Regional Secretary of West Pasaman Regency) by Civil Service Officers (Regent of West Pasaman Regency). The Regional Secretary of West Pasaman Regency who was terminated then filed a lawsuit to Padang Administrative Court (PTUN Padang) which court stating that the decision that termination was invalid, so the Terminated Official had the right to be reinstated. The court decision could not be implemented and came to a dead end because the position had also been filled by another Official (the new Regional Secretary of West Pasaman Regency) by the merit system according to the State Civil Apparatus Law (ASN Law) which was elected by the Committee. The selection of the leaders of the Primary High Offices are based on the recommendations of the State Civilian Bureaucracy Commission (KASN). This research was conducted using a sociologic and juridical method that analyzes the application of laws and regulations. The results showed that the termination of the Regional Secretary of West Pasaman Regency in terms of authority was in accordance with the regulations but in terms of procedural the Regent did not follow the provisions contained in the Civil Servant Discipline Regulation because the tenure of the regional secretary was less than 2 years without any summons, but immediately issued a Termination Letter based on the recommendation from the Inspectorate and the Governor of West Sumatra. Implications of the reappointment of Manus Handri as regional secretary based on the court decision which states that the termination of the regional secretary is illegal, but cannot be implemented because the new regional secretary has been elected based on KASN recommendations during the process of resolving Manus Handri's lawsuit at court. Termination and reinstated are difficult to be implemented because there are unclear provisions on how long the Human Resources Officer can reinstate terminated Officials who submit their cases to the Court. Therefore, there must be clear provisions in Law Number 30 Year 2014 and / or in Law Number 5 Year 1986 concerning the position of Officials who challenge the Decree on Transfer or termination during the trial process until the court's decision has permanent legal force. There should be a clause so that the Civil Service Officer (PPK) does not fill a new official with a position that is currently being processed in court.
Co-Authors Abdhy Walid Siagian Abdhy Walid Siagian Amalia Husna Arifin Fajri Kurniawan Fajri Kurniawan Frenadin Adegustara Hendria Fithrina Hengki Andora Khairani Khairani Muhammad Qadri Muhammad Syammakh Daffa Alghazali Romi Romi Rozin Falih Alify