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All Journal LAW REFORM Badamai Law Journal WAJAH HUKUM Legal Standing : Jurnal Ilmu Hukum Unes Law Review JURNAL ILMIAH ADVOKASI Legal Spirit Jurnal Ilmiah Wahana Pendidikan Devotion: Journal of Research and Community Service Jurnal Bedah Hukum JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Hukum Mimbar Justitia Binamulia Hukum
Santoso, Imam Budi
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : JURNAL ILMIAH ADVOKASI

 1 
THE PROBLEMATIC OF THE RISE OF BROUGHT IN PRIVATE COMPANY WORKFORCE RECRUITMENT AND ITS LEGAL ANALYSIS Lestari, Anita Dwi; Santoso, Imam Budi
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.3779

Abstract

Job vacancies that can't accommodate the number of applicants and the problems that occur with the increase of brokers in job recruitment became a posh interest discuss. With numerous cases regarding this brokering, there are still few or maybe rare ones who bring it up in journal writings. Although this discussion is highly relevant to raised in published papers, especially within the realm of law, job seekers are often more careful in following the selection process for recruiting workers. This writing uses descriptive-analytical and empirical methods to corroborate the paper supported the particular situation supported by the legal elaboration. This case is regarding brokering never expected because it disturbed and harmed job seekers regarding the proper to urge employment through equity and justice. The applicable legal umbrella should be ready to protect it. Not only tied to the corporate but also has ranged from the recruitment process. Legal certainty is required as prohibitions and sanctions. No more brokers can handle legal certainty, which is necessary as prohibitions and sanctions. As a result, no more brokers can take ad legal certainty. It required embargoes and sanctions so that no more brokers could cash in on things. Keywords: brokers; Company; private; Labor.
LEGAL PROTECTION OF WORKERS/LABORERS FROM TERMINATION OF EMPLOYMENT DUE THE COVID-19 PANDEMIC AS A FORCE MAJEURE IN ORDER TO BUILD LEGAL CERTAINTY Kurnia, Asep; Santoso, Imam Budi; Singadimeja, Holynes
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6077

Abstract

The Covid-19 incident, many companies in Indonesia have difficulty in carrying out their activities. One of the impacts is the cessation of company activities and laying off employees. This means that many workers or laborers lose their jobs due to situations beyond the control of the company, such as this pandemic. Force majeure is an event or incident beyond human control that can affect business continuity. The purpose of this study is to analyze how legal protection for workers/laborers due to Termination of Employment on the grounds of Covid 19 as force majeure can be applied in the Karawang industrial area. This study uses the approach method. Legislation, where researchers analyze and interpret various laws that are relevant to the topic and object being studied. The results of the study show that the implementation of Termination of Employment by force majeure cannot be carried out arbitrarily, companies must maintain and make maximum efforts not to carry out Termination of Employment before finally deciding to take the route of Termination of Employment for workers/laborers. This is used as the meaning and form of legal protection carried out by the company towards employees.Keywords: Labor; COVID-19; Legal Protection; Work termination
LEGAL PROTECTION OF OUTSOURCING WORKERS AGAINST EMPLOYERS' ARBITRARY ACTIONS IN TERMINATION OF EMPLOYMENT RELATIONSHIPS IN INDONESIA BASED ON THE JOB CREATION LAW Lestari, Rr. Winarti Pudji; Santoso, Imam Budi; Setiady, Tri
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6078

Abstract

Currently business competition is getting tighter, many companies are choosing to implement an outsourcing system because this system is felt to be more effective. In the outsourcing system, it is easier for employers to terminate employment relationships (PHK), so this outsourcing system cannot provide job security for workers. In fact, guarantees to work and earn a decent living are the constitutional rights of every citizen. The state has regulated the protection of workers' rights and guaranteed continuity of work in the Job Creation Law through the TUPE concept. However, these regulations have not been equipped with clearer regulations so they are still difficult to implement. The aim of this research is to examine and understand the legal protection for outsourcing workers from arbitrariness by employers in the implementation of layoffs and to examine and analyze the principles of outsourcing so that there is no arbitrariness by employers in the implementation of layoffs. This research uses a normative juridical approach, namely an approach carried out on the basis of the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The author also uses a comparative legal approach method, namely comparing law in different countries as a system (law is seen as a system), so that based on the differences, researchers are able to provide conclusions regarding a legal issue. The outsourcing system in Indonesia currently does not reflect justice for outsourcers. There needs to be legal reform so that worker protection can be improved without leaving the flexibility of the outsourcing system behind. From this research, the author was able to find a prospective concept for developing better outsourcing regulations. Keywords:  Legal Protection; Outsourcing; Arbitrariness; Termination of Employment.
Co-Authors Abas, Muhamad Ade Maman Suherman Agusmidah Agusmidah Agustinus Purnomo Hadi Anita Rahman Ansari, Teuku Syahrul Arafat, Muhammad Rusli Astawa, I Ketut Asy Syafa, Adia Surya Azizah, Faiqah Nur Damiri, Damiri Divanadrata, Alifaini Effendi, Ria Regger Farhani, Athari Hambali Hambali Ibrahim Ibrahim Khakim, Abdul Kurnia, Asep Lestari, Anita Dwi Lestari, Rr. Winarti Pudji Mubina, Rohendra Fatham Muhamad Abas Nabila, Jihan Sulistia Nopianti, Wike nur rizki, Raden achmad Rahmatullah Rahmatullah Ridwan, Ridwan Singadimeja, Holynes Suryanto, Tri Taun, Taun Tinambunan, Wahyu Donri Tri Setiady, Tri Triyunarti, Wiwin