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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.
Tanggung Jawab Bagi Perusahaan Penyedia Jasa Pekerja Sehubungan Dengan Pelanggaran Hukum Oleh Pekerja Outsourcing di Tempat Kerja Adfari, Tsabita Rahmah; Camilla, Garneta Rizka; Putri, Cinta Aisyah
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11489717

Abstract

The current outsourcing practice often receives criticism because it is considered to be detrimental to workers. The work relationships that occur are usually temporary contracts (PKWT), with lower wages, minimal social security, lack of job security, and no guarantee of career development. Therefore, it is not surprising that outsourcing practices are considered to make workers miserable and worsen industrial relations. This condition is difficult to avoid because the main motive for outsourcing is to reduce production costs. The purpose of this research is to determine who is responsible if there is a violation of the law by Outsourced Workers in the workplace and what form of responsibility is taken by the company providing Outsourced Worker services. This research uses two approaches, namely a statutory approach and a conceptual approach. Outsourcing which involves the deployment of labor and decision-making power to third parties is regulated in the Employment Law and Job Creation Law so as to ensure clarity in the operation of outsourcing services, namely in Article 66 of the Job Creation Law and PP No. 35 of 2021 regulates the responsibilities of service provider companies and service users towards outsourcing workers. Companies offering outsourced worker services must be responsible for ensuring protection, resolving disputes, and providing compensation if legal violations occur in the workplace.