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Perlindungan Hukum Terhadap Pekerja Migran Indonesia di Luar Negeri Yadila, Natasya; Elia Julio, Christopher; Wicaksana, Dika Hikmah; Pranitiaz, Laras Medina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12200629

Abstract

The 1945 Constitution of the Republic of Indonesia guarantees equal rights and opportunities for all citizens to obtain employment and a decent livelihood. The lack of job opportunities within the country has driven many Indonesians to seek employment abroad as migrant workers. The Indonesian government strives to protect the rights of migrant workers through various policies and laws, including Law No. 39 of 2004 and Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers.This study aims to examine the legality and legal protection for Indonesian migrant workers abroad. The method used is normative legal research with an analysis of primary, secondary, and tertiary legal materials. The results indicate that although the number of migrant workers has significantly increased in recent years, many are unaware of the legal procedures and fall victim to exploitation and human rights violations.The legal protection provided encompasses various aspects, such as basic rights, safety, health, wages, and social security. These protection principles are based on the principles of integration, equal rights, recognition of human dignity, democracy, social justice, gender equality, non-discrimination, anti-human trafficking, transparency, accountability, and sustainability. To enhance the effectiveness of protection, it is necessary to increase legal awareness and compliance with legal procedures by both migrant workers and related institutions
Pertimbangan Hukum Dalam Hak Asuh Anak Pasca Perceraian Wicaksana, Dika Hikmah; Trasaenda, Resfa Klarita; Pramesti, Indira Yekti Widya; Sabrina, Amanda Feby; Insani, Gema Mutiara; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12179892

Abstract

The study cases were selected based on their relevance and complexity in the context of legal considerations in post-divorce child custody. Decision Number ---/Pdt.G/2023/PN Smn was chosen because it provides an in-depth understanding of the legal framework and factors considered in post-divorce child custody cases. This research will use a qualitative approach with a case study design. This approach was chosen to understand in depth the legal considerations used in determining child custody after divorce. Researchers will study legal documents such as court decisions, judge's considerations, and statutory regulations related to determining child custody after divorce. Post-divorce child custody can be a difficult and controversial issue, especially in cases involving an unexpected and disorganized divorce. In this research the author focuses on the context of legal considerations in post-divorce child custody in Decision Number ---/Pdt.G/2023/PN Smn. This research uses a qualitative approach with a case study design. The research results show that court decisions can influence various aspects of children's lives, including economic stability, parenting patterns, and interactions with the social environment. Therefore, judges must consider all these aspects carefully and comprehensively to ensure that the decisions taken truly prioritize the best interests of the child.
Reformulasi Hukum Terkait Batas Usia Maksimal Anak Dalam Pemidanaan Anak M, Mulyadi; Adfari, Tsabitah Rahmah; Abdullah, Nayla Putri; Yadilla, Natasya; Amelia, Sabina Putri; Wicaksana, Dika Hikmah; Widiastiwi, Alisha Reva; Camilla, Garneta Rizka
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11406932

Abstract

As a legal country, of course, Indonesia has all the rules that regulate social life. Every violation committed by society will definitely have legal consequences. However, there are several circumstances that make it possible to receive pardon in legal consequences, one of which is if the perpetrator is still a minor. In Indonesia itself there are three age groups for perpetrators, namely under 12 years, between 12 and 14 years, and between 14 and 18 years. 18 years of age is considered the maximum age limit for child punishment. However, in reality, many children aged 16-18 years commit crimes and even take their lives. Even 18 years old should not be included in the child category, because they are considered to have entered the adult process where they are able to judge what is good and bad. This research aims to see whether the maximum limit for punishing children, namely 18 years of age, is still ideal for use in Indonesia today. The research methodology used in this research is a normative juridical approach. As for the results of this research, we found the urgency of reformulation regarding the maximum age limit for children in child punishment and there are also several views regarding the reformulation of this child age limit.
Komunikasi Pembangunan Dalam Mencapai Supremasi Hukum Meninjau Kasus Waduk Jatigede Terkait SDGs No. 16 Wicaksana, Dika Hikmah; Ramadhan, Niko Rafael; Ramadhan, Aditya Rizky; Winata, Henry; Asri, Muh Rozi
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 9 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13894542

Abstract

This research analyzes Development Communication in the case of the construction of the Jatigede Reservoir regarding the Supremacy of Law in the Perspective of Sustainable Development Goals Number 16. The research method used is a literature review technique with a normative juridical approach. The research results show that in the Jatigede Reservoir construction case there were legal disagreements and imbalances between the majority of the local community and the government under the pretext of national development which resulted in legal coverage. This second case shows that the failure to achieve the rule of law for affected victims also maintains the importance of the role of development communication in order to support community awareness and empowerment.