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Journal : Awang Long Law Review

LEGAL CONSEQUENCES AGAINST BUSINESS ACTORS WHO DO NOT IMPLEMENT OCCUPATIONAL HEALTH AND SAFETY STUDIED FROM POSITIVE LAW Fadillah, Fathur Nur; Rosifany, Ony; Kamaludin
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1506

Abstract

Work accidents caused by companies that are negligent in implementing Occupational Safety and Health (K3) can endanger workers or laborers who are carrying out their activities in the company. They can experience minor or serious injuries, permanent disabilities, and in the worst case, can result in death for workers or laborers. Development companies must not be negligent in implementing K3 protocols in their production areas and construction areas because it can cause discomfort for workers or laborers in working and the level of work accidents has the potential to be very high. In this study, a normative legal research method was used, research materials were mostly accessed from the literature, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses, and other legal materials. The results of the research obtained were the legal consequences for perpetrators who do not implement K3 as stated in Article 35 paragraphs (2) and (3) in conjunction with. Article 186 paragraph (1) of Law Number 13 of 2003 concerning Manpower explains that companies that provide workplaces for workers or laborers are required to provide protection that includes welfare, safety and occupational health for workers/laborers from the beginning of recruitment to work placement. Legal protection for workers who experience work accidents is an important aspect of the employment system in Indonesia, as stipulated in Law Number 13 of 2003 35 paragraphs (2) and (3) jo. Article 186 paragraph (1) and concerning Manpower.
NORMATIVE ANALYSIS OF LAND CONTROL FOR THE DEVELOPMENT OF THE ARCHIPELAGO'S CAPITAL Tsabira, Pinkan Nazhwa Izza; Asyari, Fatimah; Farahwati; Kamaludin
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1869

Abstract

Transfer The National Capital (IKN) from Jakarta to East Kalimantan is milestone big one that carries implications wide to order space, politics agrarian, as well as mastery land in scale massive. Study This analyze in a way normative policy IKN land based on Constitution Number 3 of 2022 in conjunction with Law No. 21 of 2023, Regulation President, and regulation implementer other. Focus study directed on authority IKN Authority (OIKN) in management land, scheme giving right term long (HGU 190 years, HGB up to 160 years), and problem normative consequences​ related certainty, justice, and protection right public local. Findings study show that even though regime law IKN land is designed as lex specialist for support acceleration development, practice procurement land Still leaving overlapping problems overlap claim between country, society customs (ulayat), and used ownership kingdom (sultan grond), accompanied limited protection law to public affected. With use Theory Rawls's justice, function social land, and draft right customary law, research This emphasize that policy IKN land must ensure distribution benefit Andjustice substantive, in particular for group prone to. Recommendation main covering acceleration harmonization regulations national-regional-customary, review repeat scheme right land term length, reinforcement protection right customary law, as well as implementation mechanism participatory and transparent in every Stages mastery land. With However, IKN development is not only oriented on investment and infrastructure, however Also in harmony with Principle justice agrarian and mandate constitution.