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Legal Protection For Vulnerable Workers in The Labor Social Security System in Order to Increase The Participation of Social Security: A Case Study of Padang City Khairani, Khairani; Darnis, Darnis; Lubis, Ikhsan; Oktaviandra, Surya; Mardiah, Ainul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i2.1597

Abstract

Vulnerable workers, often engaged in informal sectors with low and unstable incomes, face significant barriers in accessing employment-based social security programs. In the social security system, according to Law No.40/2004 and Law No.24/2011 who are social security participants are independent participants, wage recipients and contribution recipients (poor people, while informal workers are not mentioned as participants covered by the Government. This article aims to find out how social security protection is for informal workers and who is responsible for the payment of their membership contributions as social security participants. Using an empirical legal research method, the study analyzes the implementation of social security policies at the local level, particularly initiatives to include informal workers such as fishermen, religious educators, and ride-hailing drivers. Data were collected through field observation, interviews with relevant stakeholders, and review of secondary legal documents. The study reveals that local government initiatives play a critical role in expanding enrollment, particularly through targeted identification of eligible workers and the allocation of public budget to subsidize premiums. The novelty of this research lies in its focus on subnational policy implementation and the mechanisms through which local governments operationalize inclusive social protection. The findings highlight how coordination between central and local authorities contributes to expanding access to social security and reducing socioeconomic vulnerability among informal labor groups. This study offers practical insights for policymakers seeking to close protection gaps and achieve broader coverage in employment-based social security systems.
SOSIALISASI DAN PENDAMPINGAN HUKUM DALAM PENDIRIAN KOPERASI DESA MERAH PUTIH SEBAGAI MODEL PENGABDIAN MASYARAKAT DI TANAH KARO Lubis, Ikhsan
Jurnal Pengabdian Mitra Masyarakat Vol 5, No 1 (2025): Edisi September
Publisher : Universitas Islam Sumatear Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jurpammas.v5i1.12024

Abstract

Penelitian ini bertujuan untuk menganalisis efektivitas sosialisasi dan pendampingan hukum dalam pendirian Koperasi Desa Merah Putih sebagai model pengabdian masyarakat di Kabupaten Karo. Metode yang digunakan adalah deskriptif kualitatif dengan pendekatan penelitian tindakan melalui observasi, wawancara, dan dokumentasi. Hasil penelitian menunjukkan bahwa pemahaman awal masyarakat terhadap aspek hukum koperasi masih rendah. Namun, melalui kegiatan sosialisasi, terjadi peningkatan signifikan pemahaman hukum masyarakat hingga 80%. Pendampingan hukum oleh notaris dan akademisi terbukti penting dalam memastikan legalitas koperasi melalui penyusunan AD/ART, akta pendirian, hingga pengunggahan ke Sistem Administrasi Badan Hukum (SABH). Kegiatan ini tidak hanya menghasilkan koperasi yang sah secara hukum, tetapi juga memperkuat kesadaran hukum, kepercayaan masyarakat terhadap lembaga hukum, serta mendukung pembangunan ekonomi desa yang inklusif dan berkeadilan.
Dinamika Hukum Agraria dan Urbanisasi: Pengelolaan Hak Guna Ruang Bawah Tanah di Kota-Kota Besar Indonesia Lubis, Ikhsan; Siregar, Taufik; Lubis, Duma Indah Sari; Lubis, Andi Hakim
PROGRESIF: Jurnal Hukum Vol 18 No 2 (2024): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v18i2.5709

Abstract

This study addresses the main legal issue concerning the management of underground space in major cities in Indonesia amid rapid urbanization. The current regulations, such as the Basic Agrarian Law, do not provide clear provisions regarding the right to use underground space, leading to legal uncertainty and potential conflicts of interest. The position of this research is to analyze existing regulations through a normative juridical approach and propose legal solutions that are more adaptive to the needs of urban modernization. This paper examines the limitations of current regulations and suggests the need for more comprehensive, specific legislation governing underground space rights. The main findings of this study reveal the inadequacy of the existing legal framework in accommodating the management of underground space fairly and sustainably, and the urgency for regulatory reforms that are more responsive to Indonesia’s urbanization developments.
Penetration of International Economic Law in the Development of the Cyber Notary Concept in Indonesia Lubis, Ikhsan; Murwadji, Tarsisius; Sukarja, Detania; Rosmalinda, Rosmalinda
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i1.868

Abstract

This study aims to describe the penetration of international economic law in the development of the cyber notary concept in Indonesia. The development of the world today, which has entered the Industrial Revolution 4.0, has forced international law to develop the idea of a cyber notary. It needs to be conducted because Indonesia has no legal instrument to regulate cyber notaries. This study adopts legal research conducted to examine the problem in a normative juridical approach where the author examines various laws and regulations because normative juridical conceptualizes law as a written norm and is poured into legislation used as a benchmark for the community. The study results indicate that various legal instruments have been established, such as legal norms regarding Cyber Notaries in Indonesia, which are contained in the Act, in particular a. Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the Position of a Notary. Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), Law No. 40 of 2007 concerning Limited Liability Companies.
Integration Of Customary Legal Values And Modern Mediation In The Framework Of Land Dispute Resolution Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.5781

Abstract

This study delves into the integration of customary law values with modern mediation in resolving land disputes in Indonesia, often marked by tensions between individual and communal interests as well as between customary law and national law. Employing a normative legal research methodology, this investigation explores relevant regulations, including the Basic Agrarian Law (UUPA) and the Law on Arbitration and Alternative Dispute Resolution, to understand how to harmonize the principles of customary law and mediation without undermining the supremacy of law at the national level. The research identifies two core issues: how distributive and procedural justice can be realized through this integration. Findings indicate that formal recognition of customary mediation outcomes and a comprehensive regulatory framework are crucial for establishing a fair and effective dispute resolution mechanism. This study advocates for the development of regulations that celebrate legal diversity, positioning land dispute resolution as a process that interweaves human values with local wisdom while simultaneously reinforcing the legitimacy of customary law within the national legal framework.
The Role of Notaries in Making International Grant Deeds: A Legal Study of Cross-Border Grant Regulations Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Amidst the roaring tide of globalization, cross-border transactions—particularly in the realm of gifts—emerge as a landscape rife with legal challenges. A complex tapestry weaves itself from the threads of differing legal systems, document validity, and the unavoidable nuances of international recognition. In this arena, notaries stand as pillars of trust, ensuring that gift deeds transcend mere text to become legitimate statements acknowledged across jurisdictions. This study seeks to delve deeper into the role of notaries in crafting international gift deeds while identifying the hurdles they face: from bewildering regulatory differences and intricate tax provisions to the advent of underutilized new technologies. The research employs a normative legal approach, analyzing both national and international regulations. Law No. 2 of 2014 concerning Notary Services and the Hague Convention serve as lenses through which to comprehend how public documents achieve global recognition. Furthermore, legal principles such as lex loci celebrationis and the principle of mutual recognition are explored as foundations for resolving emerging cross-border legal issues. In conclusion, notaries play a vital role in upholding legal certainty in cross-border gift transactions. They are not merely navigators in a tumultuous sea of law but also connectors that bring clarity amidst confusion. It is recommended that notaries continually sharpen their skills and knowledge of international law as a proactive step to enhance services in an increasingly dynamic landscape of cross-border transactions.
PERLINDUNGAN HUKUM TERHADAP DIREKSI YANG DIBERHENTIKAN TANPA MELALUI RAPAT UMUM PEMEGANG SAHAM (Studi Pada PT. Sumber Andalan Mandiri (SAM)) Lubis, Ikhsan; Oktarina, Neneng
UNES Law Review Vol. 1 No. 2 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.25

Abstract

One of the most incorporated legal entities as a business entity by business people today is a Limited Liability Company. In practice the mechanism for the appointment, replacement, and dismissal of the Board of Directors is not always adhered to properly by the Company's organs. In the case of PT. SAM with Phiedi as Director of PT. SAM has permanently and permanently dismissed one member of the Board of Directors from his position as a director without going through the GMS. Legal facts, the existence of e-mail dated April 22 and 24 2014 which essentially contained the dismissal of the Directors of PT. SAM is permanent or permanent. This paper discusses several problem formulations, namely: 1) What is the legal protection of directors who are dismissed without going through a general meeting of shareholders according to the positive legal framework in Indonesia? 2) What is the legal effort made by the directors who are dismissed without going through a general meeting of shareholders? This research is a descriptive research. The approach used in this study is a normative juridical approach supported by an empirical juridical approach. The data used in this study are secondary data and primary data. Against all data and materials obtained from the results of the study will be compiled and analyzed qualitatively. The results of the study explain that legal protection against directors who are replaced by directors who are dismissed without going through the GMS then: 1) Each member of the board of directors is personally responsible for the loss of the company; 2) Personal responsibility is attached to the member of the board of commissioners if he is guilty or negligent in carrying out the duties of supervision or giving advice; 3) Although the loss arises from the management of the board of directors, the members of the board of commissioners remain personally responsible if in the supervision of the implementation of the management of the board of directors there is an element of error or negligence of the board of commissioners; and 4) The extent of personal responsibility of the members of the board of commissioners, limited to their mistakes or negligence, and fifth, if the members of the board of commissioners consist of 2 (two) or more, personal responsibility, is jointly responsible for each member of the board of commissioners. Legal efforts made by directors who are dismissed without going through a general meeting of shareholders, then upon dismissal of the Board of Directors without the GMS, the Commissioner must immediately convene an Extraordinary General Meeting of Shareholders to follow up on the temporary dismissal of the Board of Directors by the Board of Commissioners, then as soon as possible the Board of Commissioners calls the shareholders in the framework of the Extraordinary GMS to strengthen its decision. Considering that the Director is a majority shareholder, of course the ordinary GMS will not succeed because there is a quorum rule and the validation of the vote
Reconstruction of National Land Law Based on Social Justice and Agrarian Reform Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Marcapada: Jurnal Kebijakan Pertanahan Vol. 5 No. 1 (2025): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v5i1.157

Abstract

This study aims to analyze and reconstruct the national land law system in Indonesia based on the principles of social justice and the social function of land. The main focus of this research is to identify challenges in the implementation of social justice principles, including agrarian conflicts, legal uncertainty, and the marginalization of indigenous communities. The methodology employed is normative legal research, with data collection entailing the examination of secondary documents pertinent to the execution of the Basic Agrarian Law (UUPA). The results of the study indicate that the reconstruction of the land law system based on social justice and the social function of land can improve community access to land resources, reduce conflict, and encourage sustainable development. These findings also suggest the need for policy reform and more effective law enforcement to address social dynamics on the ground. Policymakers can expect this research to provide recommendations for the formulation of regulations that are fairer and more responsive to community needs.