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Dian Bakti Setiawan
Fakultas Hukum Universitas Andalas
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Perspektif Hak Asasi Manusia dalam Pemenuhan Atas Jaminan Hari Tua Try Anggie Larasati; Dian Bakti Setiawan; Alsyam Alsyam
Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.1.71-89.2023

Abstract

Old-Age Security (JHT) is an employment social security program that has the objective of providing cash benefits through a lump sum payment when participants enter retirement age, pass away, or experience permanent total disability. Where this mechanism is the embodiment of the mandate of Article 28H Paragraph (3) of the 1945 Constitution. However, the practice of implementing JHT has experienced several problems, for example changing implementing regulations in a short time, which raises two problems: First, regarding the dynamics of JHT arrangements in Indonesia, and the perspective of Human Rights in the implementation of JHT. This study uses a normative juridical method with library data collection techniques. This study concludes that the regulatory changes that have occurred in the regulations surrounding JHT are the government's efforts to adapt regulations to developments so that workers can enjoy JHT, but the government is not optimal in disseminating regulations to JHT beneficiaries. Meanwhile, from a human rights perspective, it can be concluded that the government is already present in realizing the fulfillment of the right to social security through JHT, which is through a legal umbrella in the form of Government Regulations and Ministerial Regulations. It's just that changing legal products in a short time is the main obstacle that has resulted in JHT not running optimally, so that workers have not been able to fully enjoy the fulfillment of their rights to JHT. Therefore, this study concludes that the government needs to create permanent regulations that do not require changes in a short time to fulfill JHT rights as a form of legal certainty.
Perbedaan Pandangan Terhadap Pembatasan Hak Dipilih Antara Putusan Mahkamah Konstitusi Dengan Putusan Mahkamah Agung Qaidah Bazilah Bazlaa; Dian Bakti Setiawan; Feri Amsari
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.117-127.2023

Abstract

In general elections, the public has the right, namely, not to vote, and the right to be elected. The right to be elected is the right of citizens to be elected as members of deliberative bodies or representatives of the people in a general election. Article 240 paragraph (1) letter g of the General Election Law regulates restrictions on the right to vote for former corruption convicts. Regarding the norms in this article, the Constitutional Court and the Supreme Court have different views. This is formulated in the Constitutional Court Decision Number 87/PUU-XX/2022 and the Supreme Court Decision Number 46P/HUM/2018. This article analyzes the views of Constitutional Justices and Supreme Court Justices regarding the norms in article 240, paragraph (1) letter g. The purpose of this article is to find out how voting rights are limited for former corruption convicts. This article uses a normative juridical research method. The research results found that first, restrictions on the right to vote for former convicts may be carried out in the interests of ensuring the freedom of disadvantaged groups. Second, in deciding a decision, the judge is obliged to explore, follow and understand the legal values ​​and sense of justice that exist in society as well as pay attention to the juridical aspect.
Co-Authors Alsyam Alsyam Feri Amsari Qaidah Bazilah Bazlaa Try Anggie Larasati