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Perikatan dalam Kontrak:Perlindungan Hukum bagi Pekerja dan Pengusaha Rika Widiastuti; Syalsa Nabila Anisa; Muhammad Syahdan Daniyal
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.77

Abstract

Legal protection for workers in Indonesia is regulated in Law Number 13 of 2003 concerning Employment. The basic policy in Labor Law is to protect the weak party, in this case the worker or laborer, from the arbitrariness of the employer or entrepreneur. However, in reality, since the enactment of Law Number 13 of 2003 concerning Employment, many people have complained about the certainty of their employment status due to the fixed-term employment contract system. However, with the issuance of Law Number 11 of 2020 concerning Job Creation, there are many concerns that the implementation of work with Specific Time Agreement (PKWT) status will be further relaxed. The formulation of the problem discussed in this article is what is the form of legal protection for workers according to the Job Creation Law and what is the form of legal protection for workers according to Law Number 13 of 2003. The results of the research show that Law Number 13 of 2003 concerning Employment provides various forms of legal protection for workers in Indonesia. This protection includes the right to decent wages, reasonable working and rest periods, as well as social security such as health insurance, old age security and work accident insurance. Meanwhile, the Job Creation Law is considered to be more detrimental to workers or laborers, as if there is bias towards certain parties. Indirectly, this proves that the Job Creation Law does not have the principles of justice that it should be because in several articles what is needed for workers or laborers is actually omitted. 
Analisis Pertanggungjawaban Asuransi terhadap Kegagalan Pembayaran oleh Perusahaan Asuransi Jiwa Didit Firmansyah; Eldrida Joan Karnois; Sindi Susanti; Syalsa Nabila Anisa
Letterlijk Vol 2 No 2 (2025): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v2i2.940

Abstract

The growth of the life insurance industry has increased significantly in the last two decades, in line with the increase in financial literacy and corporate and public awareness of the importance of protecting the things they own. The content of the insurance agreement is to transfer losses due to unexpected events suffered by the insured to the insurer and the insured must pay premiums to the insurer. The purpose of this study is to determine how the insurance company is responsible if there is a failure to pay. The methodology used by the author is normative legal methodology. Normative research or library legal research is legal research using secondary data, namely data obtained from library materials. The results of the study show that if there is a failure to pay by the insurance company and internal efforts are unsuccessful, the policyholder can report the case to the LAPS SJK. The role of the Financial Services Authority (OJK) is very vital in supervising and taking action against insurance companies that fail to fulfill their obligations. OJK can impose administrative sanctions up to revoking business licenses, as happened in the case of Wanaartha Life. Cases like this show the importance of implementing Good Corporate Governance (GCG) and strict risk management by insurance companies, as well as the need to strengthen the consumer protection system so that similar incidents do not continue to recur.