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All Journal Jurnal Ilmiah Hukum LEGALITY KADARKUM: Jurnal Pengabdian Kepada Masyarakat Jurnal Penelitian Inovatif Jurnal Pengabdian Masyarakat Bangsa Journal of Sustainable Development and Regulatory Issues Jurnal Pengabdian Sosial MANGGALI
Nuryanto, Ahmad Dwi
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Journal : Jurnal Ilmiah Hukum LEGALITY

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Legal protection of employee wage rights in bankrupt companies: evidence from China Jaelani, Abdul Kadir; Nuryanto, Ahmad Dwi; Fenitra, Rakotoarisoa Maminirina; Mujib, M. Misbahul; Luthviati, Resti Dian
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.25874

Abstract

This study aims to identify the factors contributing to the legal protection of workers' wage rights in bankrupt companies in China, focusing on aspects that have not been grounded in social justice. This research is also to formulate and form a legal protection model for workers' wage rights in bankrupt companies based on social justice in Indonesia and China. This research is empirical. The research data is in the form of primary and secondary data (primary and secondary legal materials). The study results show that the factors that cause legal protection of workers' wage rights in bankrupt companies are not based on social justice and are the legal substance factor, namely the legal norms governing workers' wage rights and other rights. When a company goes bankrupt, there is non-uniformity in the priority hierarchy of creditors in the Bankruptcy Law, General Provisions on Tax Implementation Procedures, and Labor Laws. Another factor is the legal and structural factor, which only involves the trustee and supervisory judges in the settlement of bankrupt assets. The last factor is the legal culture, where participation in the payment of bankruptcy assets is minimal and the current economic system tends to be capitalist. Indonesia must take the Chinese government as an example; China places a premium on modifying labour standards to safeguard the rights and interests of workers in all circumstances and promote economic and social development.
The role of State Official Wealth Report in realizing the principles of Maqashid Sharia Nuryanto, Ahmad Dwi; Jaelani, Abdul Kadir
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.32879

Abstract

This research aims to examine and analyze problems related to the implementation of maqasid sharia principles in effective reporting of state administrators' assets in Indonesia and to look for factors causing the ineffectiveness of legal instruments for reporting state administrators' assets in realizing the general principles of government in Indonesia. This research employed a normative legal method, with its prescriptive and applied nature. The research results show that, first, the implementation of maqasid sharia principles in reporting the assets of state administrators is in line with Hifz al-din (maintaining religion), Hifz an-nafs (maintaining the soul), Hifz al-aql (maintaining reason), Hifz an-nasl (maintaining offspring), and Hifz al-mal (maintaining assets); however, the challenge of implementing the principles of maqasid sharia in regulating the reporting of state administrators' assets requires a strong commitment from legal institutions, government, and society. Second, the factor causing the ineffectiveness of the legal instrument for reporting state administrators' assets still needs to be a more vital law enforcement factor. This can be seen in the LHKPN reporting instrument, which is the responsibility of the Corruption Eradication Commission. To deal with these problems, a legal instrument for reporting state administrators' assets is needed to embody the General Principles of Good Governance in Indonesia based on eight principles that the law must fulfil as a basis for forming reasonable regulations.
Co-Authors Abdul Kadir Endang Setyowati Fenitra, Rakotoarisoa Maminirina Habibullo, Bukhadyrov Kartika Widya Utama Kusumaningtyas, Reza Octavia Mujib, M Misbahul Resti Dian Luthviati Sukimin surayda, helen intania Suwandi, Dedy Yudhitiya Dyah Sukmadewi, Yudhitiya Dyah Yulistyowati, Efi