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All Journal JURNAL MAGISTER HUKUM UDAYANA Nurani: Jurnal Kajian Syariah dan Masyarakat MLJ Jurnal Wawasan Yuridika Dinamisia: Jurnal Pengabdian Kepada Masyarakat Legal Standing : Jurnal Ilmu Hukum Kosmik Hukum Journal of Law and Policy Transformation ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum Jurnal Komunitas Yustisia PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Batulis Civil Law Review Jurnal Bedah Hukum BHIRAWA LAW JOURNAL Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah SASI
Jaya, Febri
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Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : ARBITER: Jurnal Ilmiah Magister Hukum

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Efektivitas Perlindungan Atas Upah Sebagai Hak Tenaga Kerja Outsourcing di Kota Batam Rusdiana, Shelvi; Jaya, Febri; Simatupang, Evlyn Grace
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.2920

Abstract

Outsourcing is a practice in the business world that has emerged since the late 80s and has become the main business strategy in a climate of increasingly fierce competition. Defined as a process of outsourcing or moving or buying up business activities to third parties, the main and foremost purpose of outsourcing is to save production costs. The purpose of this study is to determine the effectiveness of wage protection for outsourced labor rights in Batam and to find out how outsourced labor in practice in the field. This research uses empirical legal research methods using qualitative descriptive research types. The results of this study show that legal protection of wages as labor, especially the protection of the rights of outsourced labors in Batam, has not been optimal or effective. This is evidenced by the large number of outsourced labor workers who do not get their rights, especially not getting a decent salary. Outsourcing labor has created exploitative, discriminatory, degradative and fragmentative working conditions and is effective at weakening the power of trade unions. Such a situation needs to be corrected so that there is a balance between the interests of workers, employers and the government. The government is the main actor that must play a role in creating this balance. Regulatory factors in the form of laws and regulations made are very open to diversity of interpretations, very weak law enforcement, lack of quality and number of officers disnakertrans, unbalanced bargaining position of unions against employers. Another important condition that also causes labor losses is the lack of health insurance, work injury insurance, retirement insurance, old age insurance have not been established as tools to safeguard outsourced labors.
Analysis of Article 433 of the Civil Code: Dilemma of Persons with Disabilities in Carrying Out Legal Acts Agustini, Shenti; Agustianto, Agustianto; Jaya, Febri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.3593

Abstract

The provisions of Article 433 of the Civil Code contain phrases that violate the rights of people with disabilities, especially for people with non-permanent mental disabilities. Through this provision, people with permanent mental disabilities are prevented from carrying out legal actions. This research aims to analyze the skills of people with disabilities in carrying out legal actions and analyze the provisions of Article 433 of the Civil Code with the Constitution. The research method used is normative juridical. In formulating the answer to the problem, a juridical basis and a theoretical basis are used. The research results show that the provisions of Article 433 have discriminated against people with non-permanent mental disabilities and it has been declared through the Constitutional Court Decision that Article 433 is conditionally unconstitutional. The challenge is that the district court as an institution that has the authority to form pardons must be truly careful and careful in making decisions/decisions on requests for pardons. Therefore, it is necessary to evaluate the implementation of these institutions on an ongoing basis to ensure that people with disabilities receive protection for their rights as people with disabilities.
Co-Authors Agustianto Agustianto, Agustianto Agustini, Shenti Alhakim, Abdurrakhman Anggresca, Risella Vini Febriyani, Emiliya Fitri, Winda Fitrianingsih, Dwi Hotmaulana Hutauruk, Rufinus Hutauruk, Rufinus Hotmaulana Lu Sudirman NURLAILY, NURLAILY Nurul Mufidah, Vika Rezeky, Shinta Mutiara Ritonga, Moehammad Mahastar Rusdiana, Shelvi Ruska, Afdhal - Simatupang, Evlyn Grace Situmeang, Ampuan Sri Wahyuni Tan, David Tan, Winsherly Tantimin, Tantimin Ulya, Muna Viviani, Olinda Weydhani Putri, Aulia Andary Wulandari, Almira Sheila