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Journal : Media Hukum Indonesia (MHI)

PHK Secara Sepihak Terhadap Karyawan Pabrik Ban Goodyear Bogor Ditinjau dari UU Ketenagakerjaan Hibatullah, Abdurrafi; Tambunan, Daniel; Hadhani, Muhammad Gading Bintang; Rasyad, Pasha Athallah
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11364002

Abstract

Employment law in Indonesia is very important to ensure that citizens can obtain jobs as well as recognized rights and obligations. The employment relationship resembles a binding agreement between the employer and the worker, in which there are balanced rights and responsibilities. This is regulated by various parties, including employers, the government, wage boards, and labor unions. However, there are problems in the labor sector in Indonesia, one of which is unilateral termination of employment (PHK) by companies. One example of unilateral termination of employment in Indonesia is the case of the unilateral dismissal of 44 employees at the Goodyear tire factory. The author uses a normative juridical method. Primary legal sources are taken from Law No. 13 of 2003 concerning Manpower, while secondary legal sources are obtained through a review of legal literature related to labor, journals, and the internet. This study aims to understand labor issues in Indonesia, namely unilateral termination of employment by companies. The results of the study indicate that the implementation of termination by the company towards the employees of the Goodyear tire factory should comply with Law No. 13 of 2003 concerning Manpower. The company must also be responsible to the employees by paying severity pay, service appreciation money, and compensation for rights that should be received.
Praktik Fraud Dalam Sistem Perbankan Ditinjau dari Peraturan Otoritas Jasa Keuangan Rasyad, Pasha Athallah; Hadhani, Muhammad Gading Bintang; Tambunan, Daniel
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Fraud remains a serious problem in the financial sector, especially banking. Data from the Association of Certified Fraud Examiners (ACFE) in 2022 showed more than 2,000 fraud cases worldwide with losses of more than 3.6 billion USD, including 23 cases in Indonesia. In Indonesia, the Financial Services Authority (OJK), which was established in 2013, plays an important role in supervising this sector, implementing anti-fraud strategies to improve bank security. OJK guidelines in OJK Regulation (POJK) No. 39/POJK.03/2019 stipulate that every bank must develop an effective fraud control system and report fraud incidents that have a major impact within three working days. POJK also regulates administrative sanctions for banks that fail to carry out this reporting obligation, including fines and restrictions on business activities. This study uses a normative legal method to analyze the effectiveness of OJK's anti-fraud regulations and evaluate strategies that can be used to prevent and handle fraud. The results of the study show the importance of implementing an effective anti-fraud strategy, which includes prevention, detection, investigation, and monitoring to maintain the stability and health of the bank and protect the interests of customers.
Aspek Hukum Penggunaan Force Intercept Dalam Insiden Udara Militer (Studi Kasus Respons F-16 TNI AU terhadap Pesawat F-18 US Navy di Bawean) Tambunan, Daniel
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Aircraft interception is an action taken by a country's military aircraft to identify and escort foreign aircraft that enter its airspace without permission, in accordance with the provisions of the 1944 Chicago Convention and Law No. 1/2009 on Aviation. This article discusses the regulations related to interception and the actions taken by the Indonesian Air Force (TNI AU) in handling airspace violations over Bawean Island by the United States' F-18 aircraft. The discussion in this article emphasizes that interception functions as a law enforcement measure against airspace violations, with procedures that must comply with the provisions in Annex 2 of the Chicago Convention. The Bawean tragedy serves as a concrete example of the application of interception in Indonesia, highlighting the importance of airspace surveillance to safeguard the security and sovereignty of the nation