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JURIDICAL REVIEW OF THE LEGAL POSITION OF EMPLOYMENT RELATIONS WITHOUT A WRITTEN EMPLOYMENT AGREEMENTS Anak Agung Sagung Ngurah Indradewi; Ni Luh Ade Krisnatalingsih
Journal Equity of Law and Governance Vol. 1 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.884 KB) | DOI: 10.55637/elg.1.2.3942.127-134

Abstract

Work agreements made in oral form do not conflict with the provisions of Law Number 13 of 2003 concerning Employment, i.e. contained in the provisions Article 51 paragraph 1, i.e. employment agreements are made in writing or verbally. The research aims are to examine the legal position of the worker in the employment relationship without a written employment agreement and the legal protection of workers and workers against the fulfillment of workers' rights in employment without a written employment agreement. The type of research used in this study is normative legal research. The source of legal material came from primary and secondary legal material source. The legal position of employment relations without a written employment agreement based on the perspective of labor law has a strong, legal position as long as it does not conflict with the legal conditions of the employment agreement, as provided for in Article 52 paragraph (1) of Law Number 13 of 2003 concerning Employment. As a result of the law of employment without a written employment agreement, if the type of employment agreement is a Specific Time Work Agreement made in oral form, then the status changes to an Unspecified Time Work Agreement and if the type of employment agreement is an Unspecified Time Work Agreement then the employer is obliged to issue a letter of appointment to the worker/labor concerned to become a permanent worker. Verbal work agreements have not been able to provide full legal protection to workers, potentially harming workers and workers to the fulfillment of their rights and obligations as workers.
PREVENTIVE EFFORTS OF THE DRUG AND FOOD SUPERVISORY AGENCY (BPOM) ON THE CIRCULATION OF DRIED ANCHOVY THAT CONTAINS FORMALIN IN THE CITY OF DENPASAR Anak Agung Sagung Ngurah Indradewi; Kadek Firda Sri Astiti
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (792.286 KB) | DOI: 10.56301/awl.v4i2.377

Abstract

Since the pandemic, there have been many layoffs and many employees have been laid off. Some of them turn into business actors, they often change their direction to become agents of dried anchovies, but dried anchovies because dried anchovies cannot last long so business actors use fraudulent methods such as using formalin on their dried anchovies.The research method in this research is using empirical legal research, namely scientific research that explains legal phenomena about the occurrence of gaps between norms and community behavior (the gap between das sollen and das sein). The conclusion in this study is that BPOM's efforts on the circulation of dried anchovy containing formalin in Denpasar City, namely supervision, guidance, and testing of dried anchovy are positive for formalin or not, after testing it was found a product that was positive for formalin after that coaching was carried out by the Agency POM so as not to be resold. Obstacles in preventing the circulation of dried anchovy containing formalin in Denpasar City are: legal factors, supporting facilities and facilities, cultural factors, and other factors that hinder law enforcement such as economic factors, community factors, and law enforcement factors apart from that. the factors of traders who are difficult to be given guidance on cheating traders, lack of awareness of producers about the dangers of food containing formaldehyde.
Implementation of Industrial Design Rights Registration of Bone Carving Handicrafts in Tampaksiring Tourism Village of Gianyar District Anak Agung Sagung Ngurah Indradewi; I Wayan Partama Putra; Cok Gede Nata Wasistha
Journal of Sustainable Development Science Vol 6 No 2 (2024)
Publisher : Universitas Dwijendra Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46650/jsds.6.2.1598.64-72

Abstract

The design of bone carving crafts in Tampaksiring tourist village of Gianyar Regency needs to be protected to ensure the protection of the rights of the designer and establish its rights and obligations as well as to keep unauthorized parties from misusing the industrial design. This is in accordance with Article 10, 11, 12 of Law Number 31 Year 2000 on Industrial Design. However, in its implementation, not all bone designs have received protection of Industrial Design Rights, so it is important to raise the issue: Implementation of Registration of Industrial Design Rights to obtain Legal Protection of Bone Carving Crafts in Tampaksiring Tourism Village. This study aims to analyze the legal protection of industrial design rights against bone carving crafts in Tampaksiring tourism village. The formulation of the problem in this study is 1). How is the implementation of industrial design rights registration against bone carving crafts in Tampaksiring tourist village, Gianyar regency? 2). How is the effectiveness of legal protection of industrial design rights to bone carving crafts in Tampaksiring tourist village, Gianyar regency. This research method uses the type of empirical legal research with qualitative analysis, with Non-Probability Sampling technique and by using Purposive sampling method which is described by using the theory of legal effectiveness, the theory of legal position, the theory of legal authority and the theory of legal protection. The conclusion of this study is the implementation of industrial design registration of bone carving crafts in Tampaksiring tourist village of Gianyar Regency is evident from the small awareness of individual craftsmen to register industrial design rights of craft products produced due to factors affecting the implementation of industrial design registration in the bone craft industry in Tampaksiring tourist village of Gianyar Regency, due to lack of awareness of craftsmen and lack of coordination and socialization regarding the importance of registration of industrial design rights to obtain legal protection. The effectiveness of legal protection of industrial design rights to bone carving crafts in Tampaksiring tourist village is not effective and optimal, it is caused by the mindset of craftsmen who think the process of registering industrial design rights is not too important and does not really affect the production of crafts produced, so that when a problem arises related to violations of industrial design rights in this case plagiarism of bone carving designs, then the law does not have the authority to take action against such violations and legal protection of the carving crafts cannot be realized because the bone carving crafts do not have legal legality. Bone Carving Craftsmen in Tampaksiring Village, Gianyar Regency think that the Certificate of Industrial Design Rights has not guaranteed legal protection for holders of industrial design rights which are their exclusive rights so that there are still many doubts of craftsmen who think that registration of industrial design rights is not too important to do
Dimensions of Intellectual Property Rights Law Regulations in Indonesia: Dimensions of Intellectual Property Rights Law Regulations in Indonesia Anak Agung Sagung Ngurah Indradewi
Focus Journal : Law Review Vol 2 No 1 (2022): Focus Journal Law Review
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i1.20

Abstract

Intellectual Property Rights are private rights where a creator/inventor is free to invite or not to apply for the registration of his intellectual works. That in Indonesia the existence of intellectual property rights as rights to immaterial objects or intangible objects. Property rights arise from a person's ability to produce a work based on the work of his brain/intellectuality, the results of that intellectual work then grow the concept of ownership of an intangible object in the form of intellectual property rights. Whereas intellectual property rights also recognize the existence of economic rights (economische) the community can take economic benefits from a copyrighted work of findings and or provide economic benefits that are positively useful in the community. The importance of understanding the Dimensions of Intellectual Property Rights Law in Indonesia, as a basis in implementing the protection of intellectual property rights in Indonesia (rechten/economic rights) in this case where the creators or inventors.
Juridical Study of Determination of Wages for Workers based on Job Creation Act I Wayan Merta Sukadana; Anak Agung Sagung Ngurah Indradewi
Focus Journal : Law Review Vol 2 No 2 (2022): Focus Journal Law Review Vol. 2 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i2.32

Abstract

The enactment of Law Number 11 of 2020 concerning Job Creation makes the wage system previously regulated in Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower undergo a change where the wage system which initially stated that the governor was obliged to set the minimum wage for the province became the governor to set the minimum wage. district/city with certain conditions where the use of the word “can” in determining the district/city minimum wage (UMK) is very detrimental to workers. The type of research used is normative legal research. The type of approach used is the Legislative Approach. Legal concept approach. Historical approach. The sources of legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. Legal Materials Collection Techniques that the author uses in this study is a literature study data collection technique. Based on the legal materials obtained and then analyzed, then used the technique of processing legal materials in a qualitative descriptive manner. The conclusion of this study is that the regulation of the wage system in Law No. 11 of 2020 concerning job creation is the type of wages reduced where there are several points missing from the Manpower Act, the component of decent living is not included where the Job Creation Act eliminates these points in provisions for determining minimum wages and years of service are not considered in the Job Creation Act. Then the determination of the wages of workers based on article 88 c of Law No. 11 of 2020 concerning job creation only provides for the obligation to determine the minimum wage at the provincial level, while at the district/city level it is optional or optional. In fact, the provincial minimum wage is the lowest minimum wage among all district/city minimum wages in the province.