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INDONESIA
Paradigma Hukum Pembangunan
Published by Universitas Katolik Indonesia Atma Jaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan" : 6 Documents clear
Paradigma Hukum: Perspektif Filsafat Ilmu Rene Descartes, Auguste Comte, Thomas S Kuhn Max Boli Sabon
Jurnal Paradigma Hukum Pembangunan Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya Jakarta

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Abstract

Rene Descates, August Comte and Thomas Kuhn are the three pioneers of philosophy science during their carreers. Rene Descartes is known as “the father of the modern philosophy” regarding his “cogito ergo sum” theory, which successfully attracted huge attention in cosmic and teology world.. Auguste Comte and his “law of three stages” theory that once shaked the philosophy world during the positivism period. His theory and thoughts have been great inspiration until recently. However, his theory about the truth was neglected by Thomas Kuhn with his new theory which is known as “the structure of scientific revolution”. Thomas Kuhn saidd :”Those scientists despite their knowledge could not solve the meaning of the truth, but only solving the puzzle pieces”. This theory surely lead to reactions from many parties. According to those scientists, the development in philosophy science is a development in every fields, whereas including law science.  Through the library studies method and analogy method, we could find out that eventhough those scientists came from different eras, and produced different theories and opinions, the result of it is in fact they have similar views: “ Science is not just limited to science only, but also includes law science dedicated to humans and the communities in their daily life. This true fact about law science is the real paradigm that still is debatable”.
Analisa Terhadap Ketentuan Cuti Melahirkan dalam Pasal 82 Ayat (1) UU No. 23 Tahun 2003 Tentang Ketenagakerjaan dan Kaitannya dengan Hak Bayi atas ASI Ekslusif Tisa Windayani
Jurnal Paradigma Hukum Pembangunan Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya Jakarta

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Abstract

The role and number of women workers is considerably significant in Indonesia. It is important then, to assure that their rights are well protected. One of the rights is the right of maternity leave. Article 82 Par (1) Law Number 23/2003 on Labour as the only provision that regulates this right in Indonesia, in which the time scheme on when do pregnant workersstart their maternity leave has been arranged, is deemed to be a potential determinant in causing a failure of exclusive breastfeeding. This is because the unclear interpretation generated from the formulation of the article. This paper would present an analysis on Article 82 Par (1) as well as academically-based suggestion on how should the article is interpretedin the light of the right of the infants to be exclusively breastfed.
Prinsip Itikad Baik dalam Hubungan Industrial antara Manajemen dan Serikat Pekerja Hero Supermarket (SPHS) Astuti Ayu Wulan
Jurnal Paradigma Hukum Pembangunan Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya Jakarta

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Abstract

The article describes and analyzes the principle of good faith in the industrial relation system with positive values that make social dialogue as alternative solution of the dispute settlement in industrial relations system. Its also describes the efforts at the HERO Supermarket by the management and the union utilizing social dialogues the basis of the principle of good faith, which resulted in social partnership among the management, the union and other parties. It is an interesting example of how the parties developed awareness of the essence of social dialogue as an alternative way particularly in industrialrelations dispute settlement mechanism.
Landasan Filosofis dan Substansi Pembaruan dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta Bernard Nainggolan
Jurnal Paradigma Hukum Pembangunan Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya Jakarta

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Abstract

The philosophy of foundation form intellectual property rights protection (HKI) include copyrights in. A number of literature refer to and based on “the law theory of nature” (by Aristoteles, Thomas Aquinas, and Hugo Grotius) and “labor theory by John Locke, involved the basic of justifier (legitimate and justify) about why does HKI include in copyrights that needs to be protected. Research of methodology to be used is law octrinal research of methodology with an object research assesment be dedicated against laws regulation which is related to the copyright and the principles of law being valid. Substantially, some materials about changes form UU copyrights contained in UU No. 28 Tahun 2014 that is specially related to the changes in types of criminal from usual crime become complaint, involved penalty and the space protection’s time against copyrights that’s started 50 years ater the creator was died to be 70 years after the creator passed away.
Tindak Kekerasan yang Merupakan Pelanggaran Undang-Undang Perlindungan Anak dan Pemahaman Anak Tentang Bentuk Tindak Kekerasan Terhadap Anak Dian Ety Mayasari
Jurnal Paradigma Hukum Pembangunan Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya Jakarta

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Abstract

Children in their life should be able to grow and develop without violence. Therefore, there needs to be an understanding in the child that violence is a violation of the Child Protection Act. The writer discusses the forms of violence experienced by children, understanding and forms of child protection and children’s understanding of the violence in their life. In order to support this study, using empirical jurisdiction with respondents one hundred and sixty students from 8 private secondary schools in Surabaya. The results showed that the results showed that all respondents had experienced violence in theirlives and the abuser is the closest namely parents. Respondents as children understand about the violence in their life is a violation of the Child Protection Act, but there is no willingness to act to report because the perpetrator most parents are people nearby.
Faktor Non-Yuridis Dalam Pembentukan Peraturan Daerah Kota Surabaya Nany Suryawati; Victor Imanuel W Nalle
Jurnal Paradigma Hukum Pembangunan Vol 1, No 1 (2016): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya Jakarta

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Abstract

The legislation process is not only influenced by the juridical factor. Non-juridical factors also influence the legislative process. Even non-juridical factors influence sometimes is greater than juridical factors. Whereas any legislation must meet the criteria of good legislation based on legisprudence theory. The quality of legislation in DPRD Kota Surabayais also influenced by other factors beyond the text of the legislation. Therefore, it is the legislative process in DPRD Kota Surabaya interesting to analyze because of course non-juridical factors remain influential in the legislative process. These factors, however, can be accommodated in such a way to suit the demands of judicial aspect. The analysis in this study isconducted by a socio- legal approach. Based on the research by socio-legal approach, the legislation process in DPRD Kota Surabaya (2009-2014) is influenced by non-juridical factors. Non-juridical factors are influenced by the interests of the struggle for influence in the community base. On the side of the legislator, there is an interest to build a base of constituents on an on going basis. On the executive side, there is the need to build a public trust in the government. The interests of each other in the dynamics of the discussion of draft legislations relating to the budget.

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