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Produktivitas Kerja: Persepsi Pemberian Bonus Buruh/Pekerja Dan Pengusaha Simamora, Jonny; Susanti, Pipi; Barus, Sonia Ivana
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2425

Abstract

In addition to getting wages, there are other variables that also appear to be related to the performance of workers/labourers, namely bonuses. Work agreement contains a bonus calculation clause, then the bonus becomes mandatory and becomes the right of the worker/worker. However, if it is not contained in the work agreement, then the entrepreneur may consider that the bonus is something that is not mandatory. This of course creates a different perception between workers, employers and the government in interpreting bonuses. Whether the bonus is part of the workers/labor's rights or is the bonus only an award whose payment really depends on the good faith of the entrepreneur. This paper presents the discourse by explaining from socio-legal research because it is a study of law using a legal science approach and social science approach using a field approach. This paper reveals that the bonus arrangement itself is an important component in the working relationship between the employer/employer and the worker/labourer. Because in principle, bonuses are one way to increase company productivity.
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Ayub, Zainal Amin; Dinata, Ari Wirya; Ambarini, Nur Sulistyo Budi; Susanti, Pipi; Elcaputera, Arie
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.
Pembentukan Undang-Undang yang Mengikuti Perkembangan Masyarakat Pandiangan, Riris Valentina; Nabilah, Azza Rahma; Pusvitasari, Jelita; Susanti, Pipi
VISA: Journal of Vision and Ideas Vol. 4 No. 1 (2024): VISA: Journal of Vision and Ideas
Publisher : IAI Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/visa.v4i1.2147

Abstract

A law is a statutory regulation whose drafting requires a long time and lengthy procedures, as implemented in Law Number 12 of 2011 concerning Making Regulations. The stages of forming a statutory regulation start from planning, drafting, discussing, ratifying or determining, and ratifying. Legislation, especially laws, must be drafted well because they have an impact on both the state and society. However, if the preparation of statutory regulations takes a long time, then the public's demands for legal clarity cannot be met. Moreover, the rules designed to regulate events on the continent will increasingly lag behind the rapidly changing social developments of society. Therefore, solutions are needed to overcome problems related to regional development. For example, it allows the formation of very long laws and regulations through the government in lieu of laws (perpu) by taking into account the community's need for legal certainty. Additionally, thanking existing organizations for conducting research into issues that are no longer in line with societal growth might be a good way to go. So it can be a good recommendation in the revision of Regulation Number 12 of 2011.
Legal Analysis Of Legal Protection Of Workers' Rights Based On Unilateral Termination Of Employment By PT Fast Food Indonesia (KFC Indonesia) Siagian, Afny Azzahra; Amanda Fauzi, Rizka; Haptoro, Dyanhza Aji; Susanti, Pipi; Yamani, M.
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7062

Abstract

This article discusses unilateral termination of employment (PHK) by employers is a practice that still often occurs in the world of employment in Indonesia and raises legal issues, especially related to the protection of workers' rights. This study analyzes legal protection for workers in the case of unilateral layoffs carried out by PT Fast Food Indonesia (KFC Indonesia), and assesses its legal implications for the mechanism for resolving industrial relations. The issues raised include the suitability of unilateral layoffs with the provisions of Law Number 6 of 2023 and the extent to which workers' rights are legally protected. This study uses a normative legal method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of real cases of mass layoffs by KFC Indonesia. The results of the study indicate that unilateral layoffs by the company do not comply with legal procedures as stipulated in Article 151 of Law Number 6 of 2023, which requires notification, bipartite negotiations, and settlement of industrial relations disputes. In addition, workers' rights such as severance pay and job loss guarantees are not provided proportionally. The legal implications put workers in a disadvantaged position and pave the way for dispute resolution through legal mechanisms in the Industrial Relations Court. This study emphasizes the importance of enforcing strict and comprehensive legal protection for workers in facing unilateral layoffs.