Saartje Sarah Alfons
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

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Perlindungan Hukum Terhadap Pekerja Di Masa Pandemi Covid-19 Hatane, Karina; Alfons, Saartje Sarah; Matitaputty, Merlien Irene
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.577

Abstract

Introduction: Legal protection of workers in working relationships is needed, considering the position of workers socially-economically very weak especially during the pandemic covid 19. Many companies suffer losses due to restrictions on community activities that affect the company’s income, so workers and affects the normative rights of workers.Purposes of the Research: This paper ains to know the form of legal protection for workers who are laid off and know the implementation of legal protections against workers during the covid-19 pandemic.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the study, obtained the results that the form of legal protections against workers who were laid off during the covid 19 pandemic includes 2 (two) forms of legal protection both from employers in the form of fulfillment of workers rights that have been contained in the legislation in the form of compensation and work experience latters while from the government, the issuance of legal products and worker protection programs. Implementation of such protections is applied in accordance with the regulations and circulars issued to workers during the covid 19 pandemic related to the rights fulfilled by mutual agreement although  in the context there are also workers rights that are not fully fullfiled in accordance with the provisions of the legislation until the issuance of the pre-employment card program, cash-intensive programs and social safety nets.
Partisipasi Masyarakat Dalam Pembentukan Undang-Undang Cipta Kerja Saiya, Aprillia Jultje; Alfons, Saartje Sarah; Tita, Heillen Martha Yosephine
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.645

Abstract

Introduction: The formation of good and correct regulations is based on the principle of the formation of statutory regulations. In the formation of the Job Creation Law, the procedure that was followed later became a polemic when this Law did not involve procedural community participation.Purposes of the Research: This writing aims to identify and examine the legal consequences of the establishment of the Job Creation Act.Methods of the Research: The method used in conducting a study of this problem is normative juridical with a legal and conceptual approach.Results of the Research: The legal consequence of the establishment of the Job Creation Act is the emergence of disinformation in the community regarding the contents of the Job Creation Act, so many parties have asked the Constitutional Court to conduct a judicial review or judicial review of the Job Creation Act. This is because the creation of the Copyright Act did not pay attention to the principles of openness and public participation in the process of its formation. Community Social Institutions (LSM) and the Confederation of Indonesian Trade Unions (KSPI) when asking for the draft of the Job Creation Bill, the government could not show that the people who were the target of the regulation should have easy access to the draft law. And also KSPI admitted that it was not involved in the formation of the Job Creation Act