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All Journal Kertha Patrika Legal Standing : Jurnal Ilmu Hukum JIHAD : Jurnal Ilmu Hukum dan Administrasi
Putri, Clarisa Permata Hariono
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Penanggulangan Pemutusan Hubungan Kerja Buruh Sebagai Akibat Permasalahan Penagihan Penyelenggara Teknologi Finansial Putri, Clarisa Permata Hariono; Kurniawan, Cindy Cornelia; Thio, Stevie
Kertha Patrika Vol 46 No 1 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i01.p02

Abstract

Termination of labor relations as a result of billing problems from financial technology providers has occurred in Indonesia. The aim of the research is to determine the legal position of financial technology billing issues as a cause of termination of labor relations and specifically to analyze the forms of countermeasures that can be taken against these legal facts from a legal perspective, especially labor law, where employment plays an important role as a determining factor in state development. This research is normative legal research with two approaches, namely the statutory and conceptual approaches. The results of the research conclude that financial technology billing problems can be one of the reasons for termination of employment as long as they fulfill the three requirements in Article 154A paragraph (1) letter k of Employment Law jo. Job Creation Law and there are several forms of countermeasures need to be carried out both preventively as the main effort by the mandate of Article 151 of Employment Law jo. Job Creation Law and in a repressive manner. This effort must be carried out by all three parties in industrial relations, namely the government, workers, and employers by the provisions of Article 1 number 16 jo. Article 102 of Employment Law jo. Job Creation Law.
PROBLEMATIKA HUKUM SUBSTANSI SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019 SEBAGAI DASAR HUKUM PENGAJUAN KEPAILITAN BURUH Putri, Clarisa Permata Hariono
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8095

Abstract

Factually, there is a dualism in the judge's decisions responding to bankruptcy applications by workers, so that the Supreme Court Circular Letter Number 2 of 2019 was formed. This research aims to analyze the existence of legal problems in terms of substance in the Supreme Court Circular Letter Number 2 of 2019. This legal research is normative legal research with statutory and conceptual approaches. The results of the research concluded that there are several legal problems on the Supreme Court Circular, including the incompatibility of the concept of bankruptcy with the provisions of legislation in the field of bankruptcy, provisions that conflict with the absolute authority of the Industrial Relations Court and the Commercial Court, and the existence of a legal vacuum in the provisions of Supreme Court Circular Letter Number 2 of 2019.
The Potential For Double Jeopardy Violations In The Regulation of The Imposition of Cumulation Of External Sanctions For Violations Of Space Utilization Putri, Clarisa Permata Hariono; Rini, Wafia Silvi Dhesinta
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9334

Abstract

Spatial planning provisions regulate the cumulative external sanctions for acts of violation of space use. This article aims to analyze potential violations of the double jeopardy principle of these provisions. This research is important considering that spatial planning plays an important role in realizing the welfare of the Indonesian people by the mandate of the state constitution so that law enforcement must be implemented appropriately without violating legal principles. The research results show that there is indeed a potential violation of the double jeopardy principle in the regulation, due to the developments of administrative and criminal sanctions nature. To overcome this, it’s necessary to reformulate the legal provisions of spatial planning and implement a cumulation of external sanctions that give more attention to legal principles.
Co-Authors Anton Hendrik Samudra Hwian Christianto Kurniawan, Cindy Cornelia Rini, Wafia silvi Dhesinta Thio, Stevie