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All Journal Humani (Hukum dan Masyarakat Madani) Legal Standing : Jurnal Ilmu Hukum Jurnal Justiciabelen
Wafda Vivid Izziyana
Universitas Semarang
Humanities Law, Crime, Criminology & Criminal Justice

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Aktualisasi Perlindungan Hukum atas Jaminan Kehilangan Pekerjaan Perskeptif Hukum Positif di Indonesia Tumanda Tamba; Wafda Vivid Izziyana; Subaidah Ratna Juita
Humani (Hukum dan Masyarakat Madani) Vol 13, No 1 (2023): Mei
Publisher : Universitas Semarang

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Abstract

The purpose of implementing job loss insurance is to provide legal protection while maintaining a decent standard of living when workers lose their jobs/are laid off so that it will motivate workers to want to work again or try to be independent. This study uses a normative legal research type with research results explaining that legal protection for job loss insurance can be actualized if the entrepreneur has made contributions to the job loss insurance program for at least 12 months in 24 months and has paid contributions for a minimum of 6 consecutive months at BPJS Ketenagakerjaan prior to layoffs or termination of employment. The benefits of legal protection for job loss guarantees are regulated in Article 46D of Law Number 40 of 2004 in the form of cash, access to job market information, and job training. The right to job loss security benefits cannot be transferred, mortgaged, or confiscated as an implementation of a court decision. If a dispute occurs, the dispute resolution procedure is listed in Article 45 of Government Regulation Number 37 of 2021 through deliberation, mediation and state courts
LEGAL CONSEQUENCES OF DELAYING THE IMPLEMENTATION OF AN INTERNATIONAL TREATY Wafda Vivid Izziyana; A Heru Nuswato; Subaidah Ratna Juita
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.7494

Abstract

Two aspects of delays in the implementation of international treaties are delays based on legal subjects or states that are parties to the treaty and delays based on the existence and absence of arrangements in the treaty itself. Whether the delay occurs based on the agreement of all parties or because of the interests of one particular country only. This research method is normative juridical. The results of the study explain the procedures that must be followed if a party proposes a delay in the implementation of an international agreement, regulated in the 1969 Vienna Convention and the UN Charter. Furthermore, the opportunity for the state that proposes a postponement to withdraw its proposal at any time, as long as the proposal has not yet caused any effects or consequences. international agreements that are postponed will certainly have legal consequences both for the agreement itself, the parties, and even in certain cases also for third parties. Parties who agree to postpone are released from the obligations stemming from the treaty in relations between themselves during the postponement period. However, the rights and obligations stemming from the provisions of the treaty continue.
The Development of International and National Sovereignty of the Law of the Sea in the Perspective of Philosophical Analysis Wafda Vivid Izziyana; Osgar Sahim Matompo; Andhika Yuli Rimbawan
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6166

Abstract

International law of the sea is one of the branches of international law that has experienced significant development in the last 50 years and will always develop dynamically from time to time. This research uses doctrinal legal methods, data analysis techniques are carried out qualitatively with deductive thinking patterns. Data processing begins with editing, classification, verification, analysis, and conclusions. The results of this research explain the development of the sovereignty of the provisions of international law of the sea began in 1930 when developed countries began to have the ability to explore and exploit natural resources, especially oil in the sea. Before the holding of the International Law of the Sea Conference or commonly called the First United Nations Conference on the Law of the Sea (UNCLOS I) in 1958, the use of the sea was regulated by international customary law. Furthermore, UNCLOS II in 1960 formulated a resolution on the need for certain technical methods in terms of fisheries, and the proliferation of sovereignty claims over sea areas submitted by new countries, regulating sea-bed with the concept of common heritage of mandkind and the decision to hold UNCLOS III in 1974-1982, UNCLOS 1982 regulates the division of maritime zones with their respective legal regimes and, which is very revolutionary in the development of international law of the sea is the recognition of the concept of island states in Chapter IV of UNCLOS 1982. The development of international maritime law sovereignty greatly influenced national maritime law policy, Indonesia poured the Juanda Declaration into the form of regulations, namely Law No. 4 / Prp / 1960 concerning Indonesian Waters also emphasizes economic factors and the need to preserve biological and non-biological natural resources. other laws and regulations that support the Indonesian water system Law No.4 / Prp / 1960. include Government Regulation No. 8/1962 (PP 8/1962) concerning the right of peaceful passage and Law no. 1/1973 (Law 1/1973) concerning the continental shelf. This forces foreign vessels to notify the Indonesian government of their presence. Border agreements with neighboring countries indirectly support the 'archipelagic state concept' proposed by Indonesia. This will strengthen the existence of the 'archipelagic state concept.
Political Reflection of Environmental Law Towards Regional Autonomy Law Products Holistic - Ecological Perspective Binov Handitya; Wafda Vivid Izziyana
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6169

Abstract

The principle of implementing a broad and intact regional autonomy that is placed on districts and cities, then Environmental Affairs are affirmed as government affairs that must be implemented by districts and cities. From the above provisions there are three important findings related to environmental management policies. First, that the region has been given the right to manage the autonomy of Natural Resources in the region, both on land and in the sea. Second, to exercise the right to regulate and take care of their own local household affairs over these natural resources, various legal products can be issued as long as they do not conflict with higher legislation or public interests. Third, the right of management of natural resources given to the region as well as followed by the responsibility of the region to preserve the environment in accordance with legislation. This research method is juridical normative. This study was conducted by examining library materials, ranging from primary legal materials, secondary legal materials and tertiary legal materials. the results of the study explain a holistic-ecological regional autonomy law product requires some fundamental changes. First, the format of granting autonomy to regions must be clear and detailed without excluding the diversity, characteristics, and capabilities of each region. Second, the scope of authority is not only "control", but includes aspects from planning to law enforcement. Third, the laws and regulations above the regional regulation must also be clear, synchronous and harmonious between certain legal regimes and regional autonomy legal regimes, such as between environmental law, tax law (PDRD), and regional autonomy law. Fourth, policy integration in the preparation of local regulations also requires a planning legal instrument in the form of regional legislation programs (prolegda), through Prolegda that is really compiled comprehensively (not just a list of priorities Raperda without clear justification). Fifth, associated with the theory of environmental sovereignty (ecocracy), the regional autonomy policy as the implementation of the concept of democracy should not ignore the interests of Environmental Protection. The welfare to be achieved through regional autonomy policies must synergize the principles of ecological sustainability. The six academic manuscripts are the results of research or legal studies and other research results on a particular problem that can be scientifically accounted for regarding the regulation of the problem in a form of Bill or draft law
Co-Authors A Heru Nuswato Andhika Yuli Rimbawan Binov Handitya Osgar Sahim Matompo Subaidah Ratna Juita Tumanda Tamba