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All Journal Unram Law Review Journal of Indonesian Legal Studies Jurnal Hukum Bisnis Bonum Commune Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Jurnal Dedikasi Hukum PATTIMURA Law Study Review SASI KANJOLI Business Law Review
Balik, Agustina
Fakultas Hukum Universitas Pattimura, Ambon
Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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"JUSTICE ASPECTS IN THE OUTSOURCING WORK AGREEMENT IN THE MIDDLE OF THE COVID-19 PANDEMIC" Agustina Balik; Novyta Uktolseja
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.452

Abstract

Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problems. The results show that if the principles of justice put forward by the principles governing the state of workers who are laid off and sent home during the Covid-19 pandemic, then they should be treated fairly, so as to fulfill a sense of justice for the workforce. The respect given by the company to the workforce by giving what is rightfully the workforce can proportionally make the workforce accept the company's decisions gracefully, even though this is not in accordance with the work agreement that has been previously agreed. This can be applied and implemented that the Covid-19 pandemic is an overmacht, which cannot be avoided by anyone.
IMPLEMENTASI PENERAPAN PASAL 38 UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA SEBAGAI UPAYA PERLINDUNGAN HUKUM KARYA SENI BATIK Agustina Balik
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i1.318

Abstract

Batik has a strong background with the nation and the people of Indonesia in all fields and forms of culture and everyday life. Copyright Act No. 28 of 2014 Section 38 (1) which stipulates that copyright to the traditional art of batik in Indonesia, the copyright is held by the state. During the system has not been formed for the protection of Traditional Knowledge, clearly, the whole intellectual creations are based on tradition can refer to the provisions in the UUHC. The protection provided is not confined to the art of batik, but also for folklore and all works of popular culture that became property of the people Indonesia. Indonesian government to provide legal protection to folklore including the art of batik to prevent monopolistic practices or the commercialization and actions damaging or commercial use without permission of the Republic of Indonesia as a copyright holder. This effort is intended to avoid any action that could damage the foreign party of Indonesia's traditional cultural values.
PENGARUH PERDAGANGAN BEBAS AFTA DAN ACFTA BAGI INDUSTRI DALAM NEGERI Agustina Balik
SASI Vol 21, No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i2.186

Abstract

ASEAN Free Trade Area (AFTA) is a form of trade cooperation ASEAN region in the form ofan agreement to create a situation that is balanced and fair trade through tariff reduction ingoods trade where there is no tariff barriers (import duty 0-5%) and non-tariff barriers forcountry- ASEAN member countries. ACFTA is a free-trade area between ASEAN members andChina. Indonesia as one of the ASEAN member countries still have some obstacles that showsour unpreparedness to face AFTA, which are: in terms of law enforcement, agencies shouldparticipate facilitate trade and business world often appears to be even indicted for corruption. AFTA brings a number of advantages, namely goods originally manufactured with high costs will be obtained consumers with cheaper prices and a region fully integrated together, the ASEAN region will be more attractive as investment land. What to do Indonesia in order to properly facing AFTA and ACFTA and to compete with other countries are: Promotion and market penetration, increase in efficiency of domestic production, Improved quality of human resources, protection of small industries, and efforts to improve the competitiveness of the agricultural sector
TANGGUNGJAWAB PENGUSAHA PELAYARAN DALAM PERJANJIAN KERJA LAUT (PKL) TERKAIT DENGAN JAM KERJA Agustina Balik
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.164

Abstract

The role of the Sea Working Agreement is very important as a legal umbrella thatprotects the crew. By not including the clause on working hours in the Sea Work Agreement,sometimes the crew may work beyond the prescribed hours of work even if their breaks arereduced if at that time there is urgent work to be done and can not be abandoned. Likewise onholidays every week or official holidays they never enjoy. This has an impact on wagepayments that are inconsistent with working hours and over-hours of crew work. The research method used is normative legal research method to study the aspect ofresponsibility of shipping businessman to Sea Working Agreement which is expected toprovide guarantee of Legal Protection for crew related to working hours. The responsibility ofthe shipping businessman is to make a Sea Working Agreement in accordance with theprovisions of articles 399 and 400 of the Criminal Code, subject to Article 401 KUHD inrelation to the contents of the Sea Work Agreement. Implementation of this responsibility willcreate legal protection for the crew of the vessel in respect of the wages they receive inaccordance with the imposition of working hours specified in Government Regulation Number7 of 2000 on Marine Affairs. Syahbandar must be proactive in paying attention to the makingof the Sea Working Agreement, by reviewing and analyzing the existing clauses so that therights of the crew may be clearly stated in the Sea Working Agreement.
Tanggungjawab Pemerintah Dan Pelaku Usaha Makanan Siap Saji Terkait Penggunaan Wadah Plastik Yang Berbahaya Bagi Konsumen Di Kota Ambon Agustina Balik; Vica Jilyan Edsti Saija
SASI Vol 23, No 2 (2017): Volume 23 Nomor 2, Juli - Desember 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i2.103

Abstract

Plastic containers are the most popular food packaging materials used. Many businesses choose plastic as a container for their products, because the plastic has excellent properties such as: strong but light, practical, cheap and not out of date. Though it use is very dangerous because can happen migration of chemicals from plastic to food wrapped especially in the heat. The role of BPOM (Food and Drug Supervisory Agency) and the Office of Industry and Trade on Consumer Protection has not been effective in socializing the dangers of using plastic as a food packaging container. The research method used is the normative juridical research method to examine the legal material, the provisions of positive law, legal principles, legal principles and legal doctrine to answer the legal issues faced. The form of supervision is part of the function and at the same time is the responsibility of BPOM and the Office of Industry and Trade in the field of Consumer Protection in an effort to provide protection to the community. demanded knowledge and awareness of business actors in choosing containers used to wrap food to be purchased by consumers. Responsibility on the basis of an error may be imposed on a business actor if the business actor makes a mistake that harms another person. While the absolute responsibility of direct business actor is responsible as business risk. Therefore, for a business actor who uses a plastic container that is harmful to human safety, he or she may be held liable for damages
Strengthening and Utilizing Original Tanimbar Woven Fabric as a Form of Preservation of Traditional Cultural Expression Balik, Agustina; Hetharie, Yosia
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.678

Abstract

Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual property rights produced by indigenous peoples or traditional communities is an interesting issue to study, one of which is the Tanimbar Weaving Fabric which is a form of intellectual work of the Tanimbar community.Purposes of the Research: The purpose of this study is to find out what the philosophical meaning and value of Tanimbar woven fabrics are as a form of traditional cultural expression and how the forms of strengthening and utilization of Tanimbar woven fabrics are as traditional cultural expressions.Methods of the Research: The research method used is normative legal research, using a statutory approach and a conceptual approach by examining various legal rules which are then linked to the reality that occurs in society. The legal materials used in this study are primary legal materials in the form of Copyright Law, while secondary legal materials in the form of books, legal journals related to the issues studied. The technique of collecting legal materials is done through a literature study that has relevance to this research. The legal materials collected were analyzed using qualitative analysis techniques to answer the problems in this research.Results of the Research: The original Tanimbar woven fabric has philosophical meaning and value for the Tanimbar community through the woven fabric motif. Each of these Tanimbar woven motifs has deep philosophical meanings and values regarding the life of the people and the environment of the Tanimbar people. Strengthening and Utilization of Tanimbar's original woven fabrics spun from cotton threads is increasingly being eroded by technological developments. The Tanimbar people no longer weave using cotton but have replaced it with shop yarn. In fact, the cultural heritage of Tanimbar woven fabrics inherited from their ancestors is the spinning of cotton threads, the results of which are very unique, have high economic value and are sought after by tourists and collectors of traditional fabrics. The government of the Tanimbar Islands Regency has not been able to provide protection, strengthening and utilization of the original Tanimbar woven fabrics.
Co-Authors Amtsal, Abdul Ari Apriatman Molle Barzah Latupono Berlianty, Teng Dewi Masitha Faliya Hakim Hetharie, Yosia Hisbollah, Alif Adnan Jaka, Jaka Jessica Manuela Lewerissa Johnny Pieter Sual Kuahaty, Sarah Selfina Latuconsina, Moh Fadly Latupeirissa, Diouf Alexsandro Lefumonay, Imelda Leluly, Hervy Welem Maichel Lesnussa Marsye R Leterulu Martha Elizabeth Sutrahitu Merry Tjoanda Merry Tjoanda Monalesya Dince Sapulette Nadia Irvan Nancy Silvana Haliwela Nani Novendo Sidabariba Narwadan, Theresia Nolda Agnes Neng Melly Senisa Novela Pattipawaej Novyta Uktolseja Pesulima, Theresia Louize Putri Anggia Revivo Tulaseket Rizka Astri Husen Ronald Fadly Sopamena Rory Jeff Akyuwen Rory Jeff Akyuwen Saimima, Vianen Sarah Selfina Kuahaty Sasya Luturmas Sembiring, Dias Sakti Jopa Sinmiasa, Tirza Christin Luciana Sopamena, Ronald Fadly Talahatu, Reylandho Cornelius Teng Berlianty Teng Berlianty Teng Berlianty Theresia Louize Pesulima Tjoanda, Merry Triska Demmatacco Vica Jilyan Edsti Saija Victoria Bianca Uruilal Yambormias, Merlinda Tabita Yosia Hetharie Yosia Hetharie Yosia Hetharie