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Pekerja Perempuan Yang Terikat Perjanjian Kerja Waktu Tertentu Pada Object Vital Nasional Buwana, Sudibyo Aji Narendra; Sirajuddin, Sirajuddin; Solehoddin, Solehoddin
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4866

Abstract

The legal provisions and regulations contained in Law No. 13 of 2003 concerning Employment related to Specific Time Work Agreements (PKWT) can provide protection for workers in existing employment relationships. This is because when the application of the Specific Time Work Agreement (PKWT) system is not in accordance with the provisions and rules in Law No. 13th of 2003 concerning, of course, having an unfavorable impact on employment development, which aims to provide protection and justice for workers and laborers as part of human resource development in Indonesia, Researchers observed a gap between das sein and dass sollen. The formulation of the problem is how is the legal protection of women workers who are bound by PKWT to National Vital Objects in Kolaka Regency. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical-juridical, which is closely related to the case approach. Sources of legal materials use primary data, namely interviews and observations conducted by researchers by visiting the research site directly. Secondary data uses primary legal materials, namely applicable laws and regulations, secondary legal materials, namely books, journals, and relevant previous research results, as well as tertiary legal materials in the form of websites. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. Conclusions are drawn deductively. The results of his research show that there are three legal protections: pre-employment, during employment, and past employment. The conclusion is that it consists of 3 legal protections, namely preventive legal protection for pre-employment (in the form of announcements of job vacancies, selection of prospective workers, Medical Check Up, and placement of workers); legal protection that is repressive during employment (in the form of providing wages based on the Provincial Minimum Wage/UMP, providing additional roster leave money for those who get roster leave rights, and providing annual allowances, granting leave rights in the form of annual leave, long leave, mass/together leave, roster leave and sick leave, special leave rights for women workers namely maternity leave, abortion leave, and menstruation leave, reimbursement for maternity expenses, protection for women workers when working at certain hours, permission to leave work while still receiving wages, protection for safety and health work by providing personal protective equipment, health insurance protection); as well as legal protection that is repressive in nature past employment, (in the form of the right to get BPJS Ketenagakerjaan pension benefits/JP, the right to get BPJS Ketenagakerjaan old age benefits/JHT benefits)
Kontraktor Pertambangan: Sebuah Tinjauan Hak-hak Normatif Pekerja Buwana, Sudibyo Aji Narendra; Fardiansyah, Hardi; Rizkia, Nanda Dwi
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4990

Abstract

Normative provisions based on Chapter IV, Part Two of Employment, Article 25 Paragraph 3 of Law No. 6 of 2023 Concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation to become a Law that stipulates that annual leave is given at least 12 (twelve) working days after workers or laborers have worked for 12 (twelve) months continuously. The gap in das sein is that the provisions of Chapter IV, Part Two, of Employment Article 25, Paragraph 3, of Law No. 6th, 2023, apply to workers in the company. Researchers observe that there is a gap between das sein and dass sollen. The formulation of the problem is: what are the normative rights of workers, and what are the sanctions for companies that do not provide workers' normative rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical-juridical, which is closely related to the case approach. The source of legal material uses primary data, namely interviews and observations conducted by researchers by visiting the research site directly. Secondary data uses primary legal materials, namely applicable laws and regulations, secondary legal materials, namely books, journals, and relevant previous research results, as well as tertiary legal materials in the form of websites. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. Conclusions are drawn deductively. The result of his research is that the normative right to annual leave has not been implemented by the company. The conclusion is that the normative rights received by workers who are bound by PKWT at a Mining Contractor Services Company consist of economic rights, political rights, medical rights, and social rights. Sanctions for companies can be punishable by imprisonment for a minimum of 1 (one) month and a maximum of 12 (twelve) months and/or a fine of a minimum of Rp. 10,000,000.00 (ten million rupiah) and a maximum of Rp. 100,000,000.00 (one hundred million rupiah) in accordance with Chapter IV, Part Two of Employment, Article 68, Paragraph 1, of Law No. 6th, 2023, concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law.
TINJAUAN IMPLEMENTASI HAK-HAK NORMATIF PEKERJA Buwana, Sudibyo Aji Narendra; Santoso, Aris Prio Agus; Guntara, Peter
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1617

Abstract

Workers' normative rights are one of human rights on nickel mining company. The formulation of the problem is how the implementation of the normative rights of workers on national strategic projects while the purpose of the research is to analyse the implementation of the rights of workers on national strategic projects. The type of research used by researchers in this study is empirical juridical. The research approach used in this research is a juridical sociological approach. Data collection techniques using in-depth interviews and observation. All primary and secondary data in this study were collected and analysed qualitatively. The results show that the implementation of workers' normative rights has been well implemented. The conclusion is that the implementation of normative rights in national strategic projects has gone well. This is evidenced by the fact that the national strategic project has fulfilled the normative rights of workers, including the right to wages based on UMP, the provision of THR rights, the right to menstrual/haid leave, the right to maternity leave, the right to miscarriage leave, the right to special facilities at certain hours for female workers, the right to annual leave, the right to sabbatical leave, the right to roster leave for workers from outside the area, the right to leave work with pay, the right to special facilities at certain hours for female workers, the right to occupational safety & health, the right to get BPJS Employment benefits JHT, JKK, JK, JP, and the right to health maintenance insurance.
TINJAUAN IMPLEMENTASI DISPENSASI PERKAWINAN Buwana, Sudibyo Aji Narendra; Damanik, Nadya; Habib, Muhammad
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1618

Abstract

Marriage is the literal nature of living beings, especially humans. When the prospective husband or prospective wife is not yet 19 years old, either one or both of them, a marriage dispensation must be requested to the local religious court. The type of research used by researchers in this study is normative juridical. In this study, data processing and analysis used qualitative descriptive analysis. The conclusion is drawn deductively. The result of the research as a conclusion is the implementation of the implementation of marriage dispensation in Decision Number 3/Pdt.P/2024/PA.Kab.Mlg reviewed based on Law No. 16 Th. 2019 is in accordance with Article 7 paragraphs 1 and 2 of Law No. 16 th. 2019 which reads “marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years and reads ‘In the event of a deviation from the age provisions as referred to in paragraph (1), the parents of the male party and/or the parents of the female party may request dispensation to the Court on very urgent grounds accompanied by sufficient supporting evidence. The suggestions given by the researchers are that parents should always supervise and provide education to their respective children who are entering puberty so that they do not fall into promiscuity so that children avoid underage marriage so that parents do not apply for marriage dispensation, the Religious Court and the Regional Government of Malang Regency are expected to increase counseling efforts related to the impact that will arise as a result of the implementation of underage marriage and the judges who hear applications for marriage dispensation to be more thorough and careful, so that this application for marriage dispensation is treated as an emergency, so that it cannot be decided arbitrarily.
THE ROLE OF TRANSFORMATIONAL LEADERSHIP IN IMPROVING MANAGERIAL PERFORMANCE THROUGH ORGANIZATIONAL COMMITMENT ON NATIONAL STRATEGIC PROJECTS Buwana, Sudibyo Aji Narendra; Suci, Rahayu Puji; Hermawati, Adya
International Journal of Economics, Business and Accounting Research (IJEBAR) Vol 7 No 4 (2023): IJEBAR, Vol. 7 Issue 4, December 2023
Publisher : LPPM ITB AAS INDONESIA (d.h STIE AAS Surakarta)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/ijebar.v7i4.12141

Abstract

This study aims to test and prove empirically the influence of transformational leadership on managerial performance through organizational commitment to national strategic projects in Kolaka Regency, South East Sulawesi. Theoretically, the results of this research are expected to enrich and complement the body of knowledge in the field of human resource management so that it can be useful for academics and practitioners. This research is explanatory research that examines and explains the research variables in a cross-sectional manner. The quantitative approach is used as the main analytical method, supported by a qualitative approach. The research population is employees who occupy the positions of first-line managers, middle managers, and top managers in the national strategic project area. The research sample consisted of 68 respondents using proportional random sampling and was analyzed using structural equation modeling (partial least squares) (SEM) with SmartPLS software. The results of this study indicate that transformational leadership has no role in improving managerial performance; transformational leadership plays a role in increasing organizational commitment; organizational commitment plays a role in improving managerial performance; and transformational leadership mediated by organizational commitment has no role in improving managerial performance. Keywords: Transformational Leadership, Organizational Commitment, Managerial Performance