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All Journal Legal Standing : Jurnal Ilmu Hukum Madinah: Jurnal Studi Islam Pena Justisia: Media Komunikasi dan Kajian Hukum
Suhadi, Aris
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Religion Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN PEKERJA BURUH TERHADAP PEMUTUSAN HUBUNGAN KERJA PADA PERUSAHAAN SWASTA DI MASA PANDEMI COVID 19 Arifinal, Mochamad; Suhadi, Aris; Agustina, Rani Sri
Legal Standing : Jurnal Ilmu Hukum Vol 4, No 2 (2020): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v4i2.3230

Abstract

Pembanguan Nasional Merupakan pembangunan yang bertujuan mewujudkanmasyarakat yang adil dan makmur dan berkesinambungan berlandaskan Pancasila danUndang-undang Dasar 1945. Pandemi virus corona mulai awal tahun 2020 memukulkinerja sektor industri berdampak pada nasib para pekerja, khusunya pekerja swasta.Banyak perusahaan yang mengalami kesulitan untuk menjalankan perusahaan sepertibiasa sehingga berakibat pada pendapatan perusahaan yang berkurang. Pemerintahmenghimbau agar pengusaha tidak melakukan pemutusan hubungan kerja kepadapekerjanya, dan membuat regulasi yang berkaitan dengan hal tersebut denganmengeluarkan SE Menteri Ketenagakerjaan Nomor M/3/HK.04/III/2020 Tahun 2020Tentang Perlindungan Pekerja dan Kelangsungan Usaha dalam Rangka Pencegahandan Penanggulangan Covid-19, tetapi imbauan untuk tidak melakukan PHK agaksedikit sulit untuk diterapkan termasuk di Kota Serang. Apalagi jika perusahaanmengalami kerugian, PHK menjadi hal yang paling mungkin untuk dilakukan olehpelaku usaha untuk menekan defisit keuangan perusahaan.
Praktek Pengalihan Tanah Secara Nominee Dalam Mewujudkan Ketahanan Pangan Di Provinsi Banten Suhadi, Aris; Muslih, Muhamad; Gunawati, Anne
MADINAH Vol 7 No 2 (2020): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/madinah.v7i2.1319

Abstract

A nominee or trustee agreement is an agreement that uses power, namely an agreement that uses the name of an Indonesian citizen and the Indonesian citizen submits a power of attorney to a foreign citizen to be free to carry out legal actions on the land they own. The nominee agreement is often also referred to as a representative or borrowing a name based on a statement or power of attorney made by both parties, a foreigner borrows the name of an Indonesian citizen to include his name as the owner of the land on the certificate, but then an Indonesian citizen based on the statement deed he makes denies that the actual owner is a foreign citizen as the party who issued the money for the purchase of the land and the control is carried out or represented by the foreign citizen. The validity and binding power of the nominee agreement cannot be separated from the provisions of Article 1320 and Article 1338 of the Civil Code. If the nominee agreement has taken into account and fulfilled the legal requirements of the agreement according to Article 1320 of the Civil Code and based on the provisions of Article 1338 of the Civil Code, then the nominee agreement has binding force for the parties. Based on the principle of pacta sund servanda that the agreement made by the parties, including the nominee agreement has binding force as law for those who make it. This study describes the practice of land transfer by nominee in realizing food security in the province of Banten. This research is also to find out, examine and develop alternative policies related to efforts to optimize the potential of agricultural land used for food utilization. The long-term goal to be achieved from this research is that this research aims to seek land management and use to support food security in Banten and national food security. Food products in Banten can not only meet the needs of their own region, but can also meet the needs of National Food and even for export commodities to foreign countries. The specific target to be achieved from this research is to seek to know the Nominee Land Transfer Practices in Banten Province, both in terms of the quantity of practice and from local government regulations in dealing with these problems. This research uses Sociological Normative and Juridical Normative legal research methods. This research is descriptive analytical and uses primary data sources and secondary data sources. Descriptive in this research in the form of a description of the situation, conditions, circumstances, and the reality that exists then analyzed what the problem is in order to find a solution to the problem. Sources of data used in this study were obtained from Library Research (Library Research). Normative Jurisdiction in this study is a discussion of several laws and regulations made by the government that are enforced. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior.
THE IMPACT OF UNDERAGE MARRIAGE ON HOUSEHOLD HARMONY IN BADUY SOCIETY FROM THE PERSPECTIVE OF CUSTOMARY LAW AND MARRIAGE LAW Suhadi, Aris; Efriyanto, Efriyanto; Muslih, Muhamad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4974

Abstract

Underage marriage still occurs frequently in Baduy society. As we know, the government has made regulations on the age limit for marriage as a response to several events that have occurred in several households in Indonesia. Several divorces occur because the husband or wife is too young so that in their marriage they are prone to quarrels, so regulations on the age limit for marriage for men and women are made.The researcher formulated the problem of this research, namely whether underage marriage that occurs in Baduy has an impact on marital harmony and household peace in Baduy and how effective is the marriage law regarding the minimum age limit for marriage for the Baduy community.According to the researcher, the purpose of the study is to find out the customary law regulations or considerations in Baduy regarding the age limit for Baduy men and women who will marry.The researcher believes that the long-term goal of this study is to ensure that all parties, both academics and the local government, provide direction, education, and socialization regarding the age limit for marriage in the Baduy community and its surroundings in order to create family harmony in the Baduy community. This is done as long as it does not conflict with Baduy customary law.The specific target of the study is to socialize regulations regarding the age limit for marriage to the wider community so that it is hoped that a sakinah mawadah wa rahmah household will be realized and free from quarrels between husband and wife in Indonesian families in general, and in particular for the Baduy community.Then the researcher uses a method to achieve these goals, namely the normative sociological and normative juridical legal research method, which is descriptive analytical using primary and secondary data sources which are analyzed by the researcher qualitatively. Descriptive in the form of a description of the current conditions of the average age of marriage in marriage in Baduy. Literature study, observation, and Baduy study were conducted to obtain the data needed by the researcher. Interviews with the local government will also be conducted to determine the divorce rate of the Baduy community and the community around Baduy, so that the best efforts can be made to socialize regulations regarding the age limit for marriage.
The Role of the Indonesian Government in the Legal Protection of Indonesian Migrant Workers Rohani, Aceng Asnawi; Gunawati, Anne; Agus, Dede; Romdanah, Siti; Suhadi, Aris; Suryanti, Lili; Fasyehhudin, Mohammad; Candra Jaya, Beni Prawira
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5058

Abstract

Legal protection of Indonesian Migrant Workers continues to be pursued, especially because of the many rights violations and inhumane treatment experienced by some Indonesian Migrant Workers. So that this phenomenon requires serious attention, both at the national and international levels. The purpose of this study is to examine and find out how the legal protection of the rights of Indonesian workers in national and international law and whether the role of the Indonesian government has been implemented in protecting the rights of Indonesian workers abroad. The research method used is normative juridical, with an approach that focuses on law as a system of norms.  This system of norms includes the principles, rules, and guidelines of the applicable law, including agreements and theories put forward by experts. This research highlights the government's efforts to build and implement a legal framework to support the rights of Indonesian Migrant Workers. However, there are still challenges that need to be addressed, such as improved monitoring and enforcement to ensure the policy is implemented effectively. This research provides greater insight into the dynamics of the Indonesian government's role in protecting workers' rights, with the aim of making this protection more effective and comprehensive.
Co-Authors Candra Jaya, Beni Prawira dede agus, dede Efriyanto, Efriyanto Fasyehhudin, Mohammad Gunawati, Anne Mochamad Arifinal Muslih, Muhamad Rani Sri Agustina rohani, aceng asnawi Romdanah, Siti Suryanti, Lili