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LEGAL PROTECTION OF THE RIGHTS OF WOMEN WORKERS Susanti, Depi; Abas, Muhamad; Sadjat, Rizki
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1188

Abstract

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.
THE EFFECTS OF MIXED MARRIAGE LAWS ON THE DIVISION OF PROPERTY UNDER THE MARRIAGE LAW AND INTERNATIONAL CIVIL PRINCIPLES Sidabutar, Octaviana; Amalia, Lia; Abas, Muhamad
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1189

Abstract

Blended marriage alludes to a marriage connection between people of various identities. This outcomes in legitimate ramifications in regards to the division of joint resources. This exploration expects to investigate comprehension of blended relationships as per Regulation Number 1 of 1974 concerning Marriage and according to the viewpoint of global confidential regulation, as well as the lawful results of partitioning joint resources in blended relationships. By utilizing optional legitimate sources, this exploration utilizes a Standardizing Juridical examination technique, in particular by checking out at speculations, legal guidelines and case regulation. As per Marriage Regulation Number 1 of 1974, blended relationships happen on the off chance that one accomplice is an Indonesian resident and the other isn't. This happens when two individuals whose regulations are not quite the same as Indonesian regulation wed in Indonesia. With regards to the authorization of the Marriage Regulation, there are two sorts of conjugal resources, in particular acquired resources (individual resources) and joint resources. All in all, blended relationships are managed in Regulation Number 1974 concerning Marriage and in Global Confidential Regulation applying the standard of lex loci festivities, which expresses that the law that applies to the marriage is the law where the marriage happens, and the division of joint property is directed as per law of each party.
LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG Asnanda, Anggraeni; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1191

Abstract

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.
JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST Sopian, Singgih; Abas, Muhamad; Lubis, Adyan
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1195

Abstract

Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.
LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS Dewi Putri Wibowo, Sabrina; Amalia, Lia; Abas, Muhamad
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1197

Abstract

This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.
LEGAL REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS Akup, Apriliyanto Juwan Sukmana; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1469

Abstract

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.
PERLINDUNGAN HUKUM TERHADAP HAK BERUNDING PERJANJIAN KERJA BERSAMA SERIKAT PEKERJA YANG TIDAK DIPENUHI OLEH PENGUSAHA Sopyan, Sopyan; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.699

Abstract

The purpose of this writing is to learn how the Collective Labor Agreement (PKB) is governed by law and what legal recourses can be taken against the alleged rejection of the PKB. This examination is an illustrative subjective exploration. The methodology utilized is an exact juridical methodology, in particular breaking down an issue utilizing regulations and guidelines which are then deciphered with experimental information in the field. The method of legal reasoning, which is an activity to find a legal basis contained in a legal event, is the method of data analysis utilized in this study. whether it is a legitimate demonstration or an unlawful demonstration (criminal, common or regulatory) and remember it for the current lawful guidelines. The consequences of this study show that there are charges that businesses with different reasons reject the presence of an Aggregate Work Understanding (PKB) in their organization despite the fact that the circumstances for worker's guilds have been satisfied to apply for the option to arrange. Conflicts with labor unions followed the implementation of the Collective Labor Agreement (PKB). despite the fact that, in accordance with PERMENAKER RI No. Employers are required to serve trade unions and labor unions that submit written requests to negotiate collective labor agreements (PKB) under Section 28 of 2014, which is about the Procedures for Making and Ratifying Company Regulations and Making and Registering Collective Labor Agreements.
AKIBAT HUKUM TERHADAP PERJANJIAN GADAI YANG OBJEK GADAI BUKAN HAK MILIK DEBITUR (Studi Putusan Nomor 170/Pdt.G/2018/PN Skt) Ningrum, Wulan Cahya; Rahmatiar, Yuniar; Abas, Muhamad
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.740

Abstract

A pawn agreement is an agreement between the creditor and the debtor, where the creditor obtains collateral for the goods provided by the debtor, and the debtor obtains collateral for the goods bound by him in the form of a money loan. The goods used as collateral or bound by a pawn agreement must be goods that belong to the debtor. The problem that can be discussed in this paper is the legal consequences of a pawn agreement with a pawn object that does not belong to the debtor as collateral and the judge's consideration in Decision Number 170/Pdt.G/2018/PN Skt. related to the object of pawn collateral. This paper uses normative juridical research methods. The conclusion of this research is that a pawn agreement held as collateral for a pawn object that does not belong to the debtor can make the pawn agreement null and void in accordance with Article 1320 of the Civil Code and analogous to the provisions of Article 1471 and the judge's consideration is correct and in accordance with applicable regulations. The verdict decided that The Joe An had legally committed a tort against PT Pegadaian and stated that the evidence which was also the object of the pawn collateral in this case must be returned to Koentjahjono Tanto as the owner of the gold shop.
Perlindungan Hukum bagi Penggadai Tanah Pertanian dihubungkan dengan Undang-Undang Nomor 56 Tahun 1960 Tentang Penetapan Luas Tanah Pertanian Susanto, Andri; Rahmatiar, Yuniar; Abas, Muhamad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.805

Abstract

One of the contents of Law Number 56 of 1960 concerning Determination of Agricultural Land Areas regulates the implementation of land mortgages. In reality, many mortgages last for years or even decades, and some are even continued by the heirs of the pawn holder, because the mortgagee is unable to buy back his land. The formulation of the problem in this study. First, what is the legal protection for pawning agricultural land based on Law Number 56 of 1960 concerning Determination of Agricultural Land Areas. Second, how to resolve disputes arising from the implementation of agricultural land mortgages. The purpose of the research is of course to answer the formulation of the problem in this research. This research is a normative research using a normative juridical approach. As for the results of the first study, protection for pawnbrokers eliminates the obligation to pay off debts if it has reached 7 years. Second, settlement of disputes arising from the implementation of land pledges can be pursued through non-litigation and litigation both civil and criminal.
Perlindungan Hukum Konsumen Dihubungkan dengan Undang-Undang Nomor 4 Tahun 2023 Tentang Pengembangan dan Penguatan Sektor Keuangan (Studi Putusan Nomor: 15/Pdt.Sus-Bpsk/2023/Pn.Grt) Fauzi, Muhamad Jiia; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.810

Abstract

There are several things that buyers should pay attention to when making purchases online through E-Commerce. The approach taken in this research is a normative legal study. Legal exploratory standardization, written examination or truth study, is that this research is normative juridical research. In the mediation carried out by BPSK on May 29 2023, the process from start to finish was carried out without the presence of the applicant, so that the applicant had no good faith at all. However, the applicant filed an objection to the Garut District Court on the basis of the objection and canceled the BPSK decision. The author concludes that Law no. 4 of 2023 in essence protects consumers in the field of E-Commerce where consumer protection is in E-Commerce In essence the P2SK Law and POJK PK facilitate the protection of consumer rights to obtain quality services in accordance with the principles of financial consumer protection OJK handles consumer complaints according to their respective authorities each of these matters has been stated in Article 245 of Law No. 4 of 2023. Based on the considerations of the panel of judges, the author is of the opinion that the Panel of Judges at the Garut District Court is appropriate in adjudicating the case based on the mandate of the Law. No.4 of 2004 concerning Judicial Power.
Co-Authors Abdurakhman, Maman Aditia, Fani Agus Antoni, Mochamad Aini, Nida Qurratul Akbar, Gary Gagarin Akbar, Muhamad Gary Gagarin Akbar, Muhammad Gary Gagarin Akup, Apriliyanto Juwan Sukmana Amalia, Sitti Fadilah Amaliya, Lia Andri Susanto Andriani, Nina Anggraeni, Kiki Arafat, Zarisnov Ardiansyah, Aldi Ardiansyah, Ata Asnanda, Anggraeni Asyahadi, Farhan Asyhadi, Farhan Atmaja, Annisa Tri Ayomi, Andreas C. Bintang S, Andi Muhamad Bintang, Muhamad Budi Prayogo, Sutras Chicka Aircheny Dede Nurhayatie Dewi Putri Wibowo, Sabrina Dini Nurfalah Farhan Asyhadi Fatonah Fatonah Fauzan, Ade Ahmad Fauzi, Muhamad Jiia Febrian, M. Ibnu Gagarin Akbar, M. Gary Gary Gagarin Akbar, Muhamad Gugun Gunawan, Gugun Guntara, Deny Haetami, Vikri Hambali, Muslim Hariawan, Hariawan Hasanah, Hilyatun Hasrinda, Hasrinda Hendri Gunawan Herman, Rizky Nurjulianto Hidayat, Anwar Hilman Alfiansah Himim, Aldora Ananda Putra I Ketut Suardika Ichsan Maulana Indah Nurhayati Irawan, Angki Irawan, Surya Iswandi, Erik Ivan Hanafi Ixal, Da'i Safuad Kaimuddin, Sitti Mikarna Koswara, Wahyu Kurnia, Didiek Lestari, Widya Annisa Pudji LIA AMALIA Lubis, Adyan Lukman, Dedi Machestian, Hario Bismo Maharani, Dennisya Maharani, Syahwa Mahmudi, Afrizal Makhron, Fiki Muzaki Malau, Masnida Marhan, Citra Marpaung, Dorkas Maulida Ridfar, Lulu Mehue, Bruce Meidah, Nuryanah Tirostiah Muhammad Latif Mutiara Dewi, Chalidya Nasution, Moh Sofyan Ningrum, Wulan Cahya Nopianti, Wike Nor Khasanah, Jana Siti Nugraha Putra, Muhamad Nugroho, Gynastiar Nur Elita, Raden Lita Nurbaliza, Violita Nurdin Nurdin Nurhidayah, Desyifa Pebriyani, Pebriyani Pranata, Rifo Andi Pratama, Raka Indra Purwana, Dalih Putra, Reza Alamsyah Putri, Ina Malia R, La Ode Rafiuddin Rahmatiar , Yuniar Rahmatiar, Niar Rahmatiar, Yuniar Ramadani, Trisna Rana Dewi Siauta, Putri Rizal Aripin Robillah, Robillah Rosdiana Dewi, Elvira Rudin, Suci Ramadhani Sadjat, Rizki Safitri, Diana Alpiani Sahab, Nurlin Sampurna Banyuaji, Sampurna Sanjaya , Suyono Sanjaya, Suyono Santoso, Imam Budi Saripudin, Asep Sartika Dewi Septian, Fazrian Setiawan, Ade Yunas Shidqi Mubarok, Muhammad Sibri, Lili Sidabutar, Octaviana Sihotang, Alex Antonius Sitorus, Leonardo Sopian, Singgih Sopyan Sopyan Sri Wahyuni Sudjadi, Agung Sukarta, Dimas Tatang Wiro Sukmawati Sukmawati Suroso, Zulfiansyah Yusuf Suryadi, Ismutiah Susanti, Depi Sutrisno, Sutrisno Syahida, Nadia Targana, Tatang Toha, Imam Sofii Tri Setiady, Tri Triana Dewi, Liza Viyanda, Karina Wakono, Nur Widasari, Widasari Wilianita, Ani Wiranata, Muhammad Ardi Yulianita, Donna Yulianti, Yuli Yuniar Rahmatiar Zaenury, Ahmad Goza Zahra Alfianti, Kartika