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Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.

PENGEMBANGAN POTENSI PRODUKSI USAHA MIKRO, KECIL, DAN MENENGAH DI PONDOK PESANTREN MELALUI PENDAMPINGAN HAK KEKAYAAN INTELEKTUAL Hidayat Putri, Zora Febriena Dwithia; Ganindha, Ranitya
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5785

Islamic boarding schools as one of the educational facilities are currently starting to develop their potential in the economic field by establishing business centers. Most of the businesses owned by pesantren are micro, small and medium scale enterprises (MSMEs). MSMEs are considered to play an important role in Indonesia's economic activities because most businesses in Indonesia are small businesses that absorb a lot of labor. However, significant developments in terms of quantity have not been accompanied by developments in terms of quality. The purpose of this study is to analyze the mapping of potential business products from Islamic boarding schools in Malang, analyze the obstacles faced by MSMEs in Islamic boarding schools in product innovation about ntellectual Property Rights. for MSMEs to increase production potential. This study employs Juridical Empirical research. The focus of this research is the protection of IPR for MSMEs in Islamic boarding schools in Malang. Based on the results of the study, it can be concluded that the potential of MSME products owned by Islamic boarding schools in Malang City is currently quite diverse, ranging from supermarkets which are not only limited to internal boarding schools but also for the surrounding community. This activity also opens up opportunities for opening up job opportunities for many people as well as providing entrepreneurial education for students. Given the enormous benefits, this potential needs to be continuously supported and developed from various aspects, one of which is in terms of guaranteeing legal protection for MSME products of Islamic boarding schools through IPR assistance. Constraints faced by MSMEs in Islamic boarding schools in product innovation in relation to Intellectual Property Rights include: lack of detailed understanding of legal protection for MSME actors; stages of trademark registration that are considered difficult. Management is considered to only be able to be done directly and cannot use an online mechanism so that it will require quite a lot of costs; and product exclusivity is not the main thing, business competition is not too tight. IPR protection for MSME products is needed to prevent ideas that are owned and then stolen and used by other parties. Some forms of IPR protection that can be given to MSME products in Islamic boarding schools are through copyright management, brand rights, and having trade secrets.

RESTRICTIONS OF THE RIGHTS OF FREEDOM OF RELIGIONS: COMPARISON OF LAW BETWEEN INDONESIA AND GERMANY Saraswati, A. A. A. Nanda; Wicaksono, Setiawan; Ganindha, Ranitya; Hidayat, M. Choirul
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. The restriction of freedom of religion exists to protect the fundamental right or freedoms for every individual to avoid chaos. The restrictions on freedom of religion in the Indonesian Constitution are stated in Article 28 of the 1945 Constitution, Article 73 of Law No. 39 Year 1999, Article 18 of Law No. 12 Year 2005, and in PNPS No. 1 Year 1965. While Germany does not set explicit restrictions, the environment comes from the level of the Act: namely, Article 166–167 of the Criminal Code. In Indonesia, public order is defined as conformity of justice in consideration of morality, religious values, and security in a democratic society. Meanwhile, Germany defines public order as the protection of society based on the principles of balance and tolerance, in that individual freedoms must be balanced with other people’s fundamental rights, although this also means that a person’s idea of divinity must be excluded.

Analisis Yuridis Terhadap Keabsahan Perjanjian Investasi Dalam Transaksi Initial Coin Offering (ICO) Berdasarkan Pasal 1320 Kitab Undang-Undang Hukum Perdata: Juridical Analysis of Validity of Investment Agreement in Initial Coin Offering (ICO) according to Article 1320 of Civil Law Hashifah, Adinda Salwa; Sulistyarini, Rachmi; Ganindha, Ranitya
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.4

Initial coin offering (henceforth referred to as ICO) as one of the investment developments in the digital era has left legal loopholes over the execution of the ICO in Indonesia, coupled with the emergence of cryptocurrency. This research aims to analyze the validity of an investment agreement on the ICO using cryptocurrency as a payment method along with its legal consequences. With normative-juridical methods, the research results have found out the agreement of the ICO is deemed unlawful according to Article 1320 of the Civil Code due to the clause contravening the legislation, leading to the failure of the fulfillment of the halal clause. Thus, the agreement is deemed to be void ab initio or simply inexistent. Due to the absence of the regulatory provision regulating the ICO, the investors involved could file a lawsuit over the violation harming the parties running the ICO. Thus, it is important to formulate regulatory provisions concerning the ICO in Indonesia that set forth the measures taken to provide legal protection for the aggrieved inventors due to the void ab initio agreement. These regulatory provisions are expected to avert any ICO-related problems as stated above.

Pelaksanaan Perlindungan Hukum Usaha Mikro Kecil dan Menengah Berbasis Perjanjian Kemitraan untuk Meningkatkan Daya Saing dalam Era Ekonomi Global (Studi di Sentra Industri Keripik Tempe dan Keramik Dinoyo): Implementation of Legal Protection for Micro, Small and Medium Enterprises Based on Partnership Agreements to Increase Competitiveness in the Global Economic Era (Study at the Dinoyo Tempe Chips and Ceramics Industrial Center) Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.4

MSMEs have an important step in supporting the improvement of the Indonesian people's economy, especially in terms of business opportunities and employment opportunities. Malang City is famous for its tourism and education sectors where MSMEs are an inseparable part of the economic activities of the Malang community. Malang City has several MSME industrial centers. This research examines the form of partnership agreement between the sanan tempeh chips and dinoyo ceramics industry center with large business partners in Malang City and hotels in Malang City. Researchers analyze the implementation of legal protection in partnership agreements in Malang City and analyze the fulfillment of the principles of fair partnership agreements. For this reason, in this paper the problem that will be studied is: How is the analysis of partnership agreements between MSMEs and large businesses in Malang City, and how is legal protection implemented for Partnership-based MSMEs in Malang City? This article is based on empirical juridical research with a Sociological Juridical approach which produces an analysis that: The implementation of the Partnership agreement in Malang City has not been carried out effectively which is contrary to the rules in Government Regulation Number 17 of 2013 where the concept, form of agreement and terms of partnership are not partnerships as stated in which has been mandated by law. A true partnership must be accompanied by a program of empowerment and assistance for large business actors towards small business actors. Meanwhile, large business actors themselves have a tendency not to carry out partnerships as they should. Implementation of legal protection and implementation of supervision over partnership agreements in Malang City is also still not running effectively due to overlapping authority.

Perlindungan Hukum Terhadap Konsumen Pre Project Selling Perusahaan Pengembang Properti Yang Dinyatakan Pailit: Legal Protection Of Pre-Project Selling Consumers Of Property Development Company Declared Bankrupt Muniefiy, Nawal Zidan El; Santoso, Budi; Ganindha, Ranitya
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.4

Pre-Project Selling consumers are in the weakest position in bankruptcy, because in addition to being the last creditor, consumers also cannot be said to be the owner if there is no AJB. The Curator's action to put the apartment building into bankruptcy is in accordance with the provisions of the law. Legal protection involves both preventing and repressive protections. In terms of preventive action, the sale and purchase agreement (PPJB) legally made according to Article 1338 of Civil Law serves as the law governing all parties in the contract. The PPJB which is binding to both consumers and business people sets forth rights and obligations that both have to understand. The rights of the consumers involve receiving the house as the object within the time as agreed upon. Moreover, the law requires the business people to run the business in good faith. The parties responsible to provide goods and/or services according to the orders made must not break the terms set out in a contract and must provide redress. This redress consists of that given through commercial court, consumer redress according to the position as concurrent creditors, or redress of the company through civil lawsuits. Law concerning bankruptcy and Consumer Protection Law have different solutions, but these two laws affect each other and are connected when a property company is declared bankrupt.

Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol. 7 No. 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.

Legal Problems and Challenges of Indonesian Personal Data Protection of Children and Persons with Disabilities in Society 5.0 Cahyaning Putri, Cyndiarnis; Ganindha, Ranitya; Sihabudin
Indonesian Journal of Disability Studies Vol. 12 No. 1 (2025)
Publisher : The Center for Disability Studies and Services Brawijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.ijds.2025.12.1.4

In the era of society 5.0, high percentage of internet penetration in Indonesia also poses one of the risks, namely related to the misuse of children and person with disabilities's privacy and personal data. Protection of children and person with disabilities's personal data in Indonesia is an urgency that needs to be immediately accommodated in Indonesia regulations. Unfortunately, according the existing regulations, the protection of children's personal data is only found in the Indonesia Personal Data Protection Law and merely regulated in three articles. The problems and challenges in providing legal protection for children and person with disabilities's personal data in Indonesia are in the need for regulations which comprehensively regulate the protection of children's personal data. The Indonesia Personal Data Protection Law can be amended by also including three points, namely: the meaning of special processing, parental and guardian consent, and limitations on the processing of children's personal data.

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