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Contact Name
AGUS PURWANTO
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aguspurwanto.prof@gmail.com
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+628159977676
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journal.ijospl@gmail.com
Editorial Address
Winrow Veritas Law Firm Jakarta - Indonesia Principal Contact : Agus Budianto WA : +628159977676 Mailing Address: Email : journal.ijospl@gmail.com Email : editor@ijospl.org
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INDONESIA
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
ISSN : -     EISSN : 27742245     DOI : https://doi.org/10.8888/ijospl
he main focus of INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) is to publish the results of research and work of thought, with the following fields: theory or doctrine, principles, norms, philosophy, comparison, application, history, relations with other disciplines in the field. -Social Sciences, Policy and Law. INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) provides a forum for sharing timely and up-to-date publication of scientific research and review articles. The journal publishes original research papers at the forefront of law and social sciences. The topics included and emphasized in this journal are, but not limited to, law, political science, economics, environment, history, communication, sociology and safety. The topics related to this journal include but are not limited to: International law Contract law Civil law Political law Sociology Business studies Industrial relations Criminology Safety Constitutional and administrative law Tort law Common law and equity Legal history Social philosophy Behavioral science Management Environmental social science Criminal law Property law Religious law Political science Social psychology Communication studies Economics Education
Articles 12 Documents
Search results for , issue "Vol. 2 No. 1 (2021): February 2021" : 12 Documents clear
THE ESSENCE OF NOTARY LEGAL OFFERING IN WEST LAND RIGHTS DISPUTES (EIGENDOM VERKLARING) Andi Evy Anggraeni Tr
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.24

Abstract

Law has a goal that is to encourage social change for the better through legal certainty. The land ownership system in Indonesia during the Dutch East Indies era was subject to the Agrarische Wet 1870 (Stbd 1870: 55). This type of research is Normative Empirical, with the starting point of research on Western land rights (Eigendom) which have been declared invalid but are still used as a legal basis for civil lawsuits in court, with primary data as supporting secondary data. From one of the inkrach cases, it showed the district court judge and cassation had wrongly applied the law, namely the plaintiff used old evidence in the form of Eigendom Number 9703 which was former Eigendom land owned by Raden Harsa Nata Sastra Nagara since December 27, 1907 and was not a valid evidence . It is important that the function of legal counseling for Notaries as in Article 15 paragraph (2) letter e of the UUJN. Legal education activities are one of the socializations to illustrate how justice is. National law cannot guarantee the realization of this justice. The function of legal counseling is also a preventive, corrective, presevative and developmental measure
LEGAL PROTECTION OF EMPLOYEES DUE TO UNILATERAL TERMINATION OF EMPLOYMENT DUE TO FORCE MAJEURE COVID-19 PANDEMIC Ayun Kencana R; Agus Budianto; Hosiana Gultom
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.26

Abstract

The Covid-19 pandemic has brought a significant impact on various sectors, including the economy. Many companies suffered setbacks losses which led to layoffs for reasons of the Covid-19 pandemic which was categorized as a force majeure. However, the decision was actually detrimental to workers as it was not in accordance with the provisions of Law No.13 / 2003. Therefore, this study tries to examine the legal protection and legal consequences of termination of employment under the reasons of the Covid-19 pandemic force majeure. The aim of this study is to analyze and trace the legal protection of workers who have been unilaterally laid off during the Covid-19 pandemic and the legal consequences that arise from layoffs based on Law No. 13 of 2003 concerning Manpower. This study uses empirical normative legal research methods and uses secondary data consisting of primary, secondary and tertiary legal materials. This study is classified as a qualitative research, with the type of methodology used is an approach to legal systematics and an approach to legal cases. The data used in this analysis are secondary data obtained through literature study techniques and supported by primary data obtained by interview techniques. In view of Presidential Decree No. 12 of 2020, the results of the analysis show that the Covid-19 pandemic is regarded as a force majeure. Subject to the provisions of Law No. 13 of 2003, the legal protection for workers who are laid off due to force majeure is regulated in Article 164 paragraph (1) with the provisions in Article 156. It is necessary to note that when a layoff occurs due to law, employers are obliged to provide severance pay to workers. In this regard, in maintaining business continuity in the current situation, the government's efforts regarding the fulfillment of severance pay are contained in SE M / 3HK.04 / III / 2020, which fundamentally employers and workers can make a mutual agreement.
A Acculturation of Islamic Teachings and Traditional Minang Kabau Locality in Economic Practices Miswardi Miswardi; Yefri Joni; Nasfi Nasfi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.31

Abstract

a society, values ??that govern life are needed in order to create order in life together. This system of values ??is needed to ensure that the rights of everyone in that society are maintained. The values ??held by the community usually come from something that is highly regarded and respected by everyone in the community. In indigenous peoples, the system of values ??that is believed to be a customary system that originates from reason and mind after the reading process of nature. For religious communities the value system that is believed to be a value system that originates from God's revelation. When the identity of the community is as a customary community and religion, then between religion and custom there is a process of acculturation, although many experts have researched and written about the acculturation between religious and customary teachings, but in this study the researcher saw the acculturation between customary and customary law. as well as religion, especially the customary law and customs of the Minangkabau community which are related to the economic practices of local communities. From the research conducted, it was found that the acculturation of Islamic teachings into the customs of the Minangkabau community because these two values ??have in common some sources, namely reason and nature
Local Wisdom as an Effort to Increase Immunity with Tawadhu Berwudhu to Prevent the Covid 19 Pandemic in Talang Village, Serdang Bedagai Regency Syarifah Syarifah; Nelvitia Purba; Mukidi Mukidi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.23

Abstract

The Covid-19 pandemic that has plagued since 2020 has changed the behavior of the world community and is no exception in Indonesia including in this Tualang village by carrying out health protocons by increasing its role and vigilance in anticipating the transmission of the Covid 19 virus in the community of Tualang Village in public places and facilities so as to help minimize the impact. caused by Covid 19. can be developed by each party in accordance with regional characteristics by familiarizing and routine Berwudhuk is an alternative in preventing this virus. The method used is a research and development method in English called Research and Development. Is Research And Development. This research begins with the potential and problems in the New Order period to reduce the risk of transmission of covid 19 in Tualang Village. The analysis carried out in this study using the Analysis is descriptive qualitative. This research will focus on improving the product by testing it to experts and practical to get the conclusions from the results of this research. The results of the study can be argued that: the emergence of Covid 19 in early 2020 causes serious problems, not a few of this virus causes death. done to prevent this deadly virus. For Muslims every time they carry out prayers are required to perform ablution. Regular ablution or at least the fardu prayer five times and the midnight and duha circumcision prayers which have been used as guidelines in the life of the people of Tualang Village are the Law As Tool of Social Engineering means that people must act in accordance with what is required by the norms so that people must comply and apply these norms to prevent Covid-19. The activity of washing hands and other members is a minimum of seven times. However, if Muslims are able to maintain wudh uknya is believed to be able to help prevent this covid -19 virus. Therefore, for the Talang community, Tawadhu in carrying out routine ablution-related activities is a condition of every human being to submit to Allah SWT with sincere intentions wholeheartedly to avoid the Covid -19 pandemic.
EXECUTORIAL STRENGTH IN EXECUTION OF WARRANTY OBJECT OF DEBTOR'S DEBT IN FIDUSIAN AGREEMENTS IN THE ERA OF COVID -19 Nelly Azwarni Sinaga; Humala Sitinjak; Mukidi Mukidi; Rudy Pramomo
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.25

Abstract

The period of the Covid 19 pandemic that has hit the world including Indonesia, which started the spread of this virus since the end of 2019, where the impact was tremendous for all human life, including the aspects of health, the economy including also affecting the implementation of agreements in legal aspects. The Fiduciary Agreement is a form of anonymous agreement that was born along with the development of business practices in Indonesia. The parties to the fiduciary agreement have mutually agreed to regulate their respective rights and obligations as well as legal sanctions if a party breaks the promise. This paper limits the problem regarding debtors who do not fulfill the agreement / break promises on the agreements that have been bound and the consequences for the object of the agreement. Consequences of debtors who break their promises result in Default. Problems arise when the fiduciary object is executed because the Debtor is in Default and the execution procedure is not properly carried out. This study aims to determine the legality of the execution of fiduciary collateral objects for debtors who are defaulting during the Covid 19 pandemic. auctions in public or can be carried out by selling under the hands of the agreement of both parties, but the implementation often still does not fulfill the mandate of the law or the agreement is not carried out properly. others that: 1. Communities who are not affected by economic constraints and other constraints in fulfilling their achievements 2. Communities who are affected by the economy and other constraints in fulfilling their achievements. Banks can provide credit / financing to obtain special treatment in accordance with applicable regulations
POVERTY AS A BARRIER TO THE ACHIEVEMENT OF THE RIGHT TO HEALTH Revita Pirena Putri; Wiwik Afifah; Tomy Michael
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.27

Abstract

The problem of economic weakness, which until now hasn’t been resolved, creates conditions for the inability of the community to fulfill their welfare. The welfare includes the right to live a decent life, the right to obtain health, and the right to education. People’s welfare should be the responsibility of the states as the bearer of the obligation to fulfill the rights of every citizen. The right to health that is not fulfilled is a form of human rights violations. Because basically health is a pillar of a nation’s development. Health becomes a basic need for every human being. Judging from the many cases that occur in society as a result of the unfulfilled welfare, especially in terms of economy and health. So the author, in this case the author is interested in studying these problems by taking the case of Baby Deborah. The research method that the author uses is normative juridical, using law as the basis for research. In this case the writer also uses descriptive research method in the Longitudinal way. The data used are sourced from events in the community, as well as supporting statistical data. So from this research, it can lead to a conclusion that the people’s welfare should be the responsibility of the state. This is as stated in the 1945 Constitution of the Republic of Indonesia and is also contained in the International Economic, Social and Culture Convention. If the state is unable to create such prosperity, then the state is considered negligent and violates the human rights of its citizens. So from not achieving this welfare, there will be many rights that aren’t achieved, one of which is the right to health.
COMMUNICATION AND WORKING DISCIPLINE RELATIONSHIPS PERFORMANCE OF STATE CIVIL SERVANTS (ASN) IN OFFICES GOVERNMENT OF KECAMATAN SIBABANGUN CENTRAL TAPANULI DISTRICT Fauziah Nur Simamora; Kaharuddin Kaharuddin
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.28

Abstract

: The research objective is to determine whether there is a relationship between communication and work discipline together with the performance of employees at the Sibabangun District Government Office, Tapanuli Tengah Regency. The author provides a temporary answer to this study are: There is a relationship between communication and work discipline with employee performance at the office of the Sibabangun subdistrict, Tapanuli Tengah regency. The research population of all State Civil Servants (ASN) at the Government Office of the Sibabangun District, Central Tapanuli Regency was 37 people and sampled. Based on the results of simultaneous testing, it was obtained that the Fcount value (46.753) was greater than Ftable (3.25) or (46.753> 3, 25) and Sig.á (0.000a) is less than alpha 5% (0.05). This indicates that the results of the study reject H0 and accept Ha. Thus the variables of communication and work discipline simultaneously have a relationship with performance. The partial test results are: 1). The value of tcount ? t table is (2.642 ? 2.026) and Sig-t ? 0.05 is (0.012 ? 0.05). 2) The value of t count ? t table, namely (4.158 ? 2.026) and Sig-t ? 0.05, which is equal to (0.00 ? 0.05) meaning that there is a positive relationship between the independent variable and the dependent variable. Based on the multiple linear regression model obtained, the regression equation Y = -4.402 + 0.450 X1 + 0.686 X2. Shows that there is a relationship between communication and work discipline with performance. It is suggested that communication between employees needs to be improved so that each task is carried out and the goals to be achieved can be achieved. Employee discipline enforcement should be done more firmly and with direction, this is very important to increase the responsibility of all employees, so that employee performance will increase
ROLE OF DETERMINING THE PRICE OF LAND EXTENSION FOR PUBLIC INTEREST PROVIDED BY APPRAISAL AND LAND OFFICE IN COMPLIANCE WITH JUSTICE ELEMENTS Mila Verdiyani Larasati
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.32

Abstract

The role of appraisal and Land Office in determining prices in land acquisition for the purpose of public interest, basically land acquisition has same understanding as land acquisition. Regulations regarding land acquisition are also regulated in land acquisition, the formulation of the problem in this study is the determination of price for compensation for land used for public interest and legal settlement methods in case of a dispute if the price for compensation is not in accordance with the agreement. The research in this journal is normative empirical, the type of data used in this research is secondary data, the way data is obtained using secondary data through library techniques, the approach used in this research is constitutional approach and case approach, the analysis used in journal writing This is an inductive data analysis, the results of research in this journal are a method of determining the price of compensation for land which will be the object of land acquisition by looking at market value. it will take 14 days after receiving the pricing that has been given by the appraisal.
LEGAL PROTECTION OF OUTSOURCING LABOR COMPANIES IN MEDAN CITY Lenny Mutiara Ambarita; Pasu Malau
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.33

Abstract

The legalization of outsourcing raises the problem of sociological enactment which is based on the effectiveness of law, where the basis of law is based on acceptance or recognition by those to whom the law is aimed, considering that the legalization of outsourcing is rejected by the majority of the community, especially those who work in companies. The approach method used is Normative Legal Research (normative juridical) by using the statutory regulatory approach, and empirical research (field data). The data analysis was carried out qualitatively to look for dominant factors that have potential or trends in legal protection for labor workers, which have recently become guidance material based on Law No. 13 of 2003 concerning manpower. The results of the study can be argued that various legal protections for workers based on Law no. 13 of 2003, there are 3 (three) types of protection for workers / laborers, respectively: Economic protection, namely protection of workers in the form of sufficient income, including if the worker is unable to work against his will. Social protection, namely labor protection in the form of occupational health insurance, and freedom of association and protection of the right to organize. Technical protection, namely protection of workers in the form of work security and safety The implementation of work protection and work conditions such as requirements for employment relationships, requirements for wages, requirements for work time breaks and wages for overtime work, requirements for social security, compensation for work accidents, and safety and health requirements for outsourced workers / laborers in Medan City are still not provided in accordance with the prevailing laws and regulations, so that workers feel disadvantaged economically and socially, feel that they are treated unfairly and inhumanely before, during and after they work.
THE WEAKNESS OF THE CONTROL SYSTEM FOR FIGHTING CORRUPTION IN THE JUDICIAL PROCESS: THE CASE OF INDONESIA Elisabeth Sundari; Anny Retnowati
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.35

Abstract

Several supervisory bodies have been established under government policy in Indonesia to prevent and eradicate corruption within the judicial process. However, these appear to be ineffective, as evidenced by the fact that corruption by judges, prosecutors, and court officials remain high [11, 12, 19, 20]. The purpose of this research is explaining the weaknesses of the control model in fighting corruption within the judicial process and its factors. Normative research has been conducted on the legal policies affecting the control system of the judicial process in Indonesia to redress the issue. The results show that from the quantitative perspective, adequate supervisory bodies have been established to deal with corruption. For instance, there is an internal supervisory body for each institution in the judicial process, together with external supervisory bodies such as the Judicial Commission, Corruption Eradication Commission, and Examination Commission. Nevertheless, from the qualitative perspective, many weaknesses remain. Firstly, government policy focuses on the model for internal supervisory bodies rather than external. Secondly, although external supervisory bodies are established, they have no broader authority, except the Corruption Eradication Commission. Thirdly, external control through community participation has limited jurisdiction. Finally, the punishment enforcement system is ineffective

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