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All Journal USU LAW JOURNAL Jurnal Dinamika Hukum Rechtsidee Badamai Law Journal USU Journal of Legal Studies Abdimas Talenta : Jurnal Pengabdian Kepada Masyarakat Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Hukum Samudra Keadilan JOURNAL OF SCIENCE AND SOCIAL RESEARCH Journal of Education, Humaniora and Social Sciences (JEHSS) Kosmik Hukum Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Jurnal Darma Agung Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review Zaaken: Journal of Civil and Business Law Mendapo: Journal of Administrative Law Buletin Konstitusi Law_Jurnal Jurnal Ilmiah Wahana Pendidikan Journal Equity of Law and Governance Fiat Iustitia: Jurnal Hukum Locus Journal of Academic Literature Review Fiat Iustitia : Jurnal Hukum Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam JURNAL RETENTUM Mahadi : Indonesia Journal of Law Journal of Law & Policy Review Realism: Law Review ULJLS Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Agusmidah Agusmidah
Fakultas Hukum Universitas Sumatera Utara
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PERLINDUNGAN HUKUM TERHADAP DOSEN PERGURUAN TINGGI SWASTA YANG DI-PHK Johannes Mangapul Turnip; Budiman Ginting; Jusmadi Sikumbang; Agusmidah Agusmidah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Legal bond between faculty and Colleges formally lead to the employment relationship which in exercising its rights and obligations are subject to the terms agreed work. The working relationship is always formulated in employment contracts that briefly load work requirements, rights and obligations. In accordance with Article 45 and Article 46 of the Law on Teachers and Lecturers, professors are required to have academic qualifications, competence, teaching certificate, physically and mentally healthy, and meet other qualifications required units of higher education places on duty, as well as having the ability to achieve national education goals. Research shows that the Treaty System work done by Colleges and faculty can be a Certain Time Employment Agreement (PKWT) and Time-specific Employment Agreement (PKWTT). The agreement made would give rise to different implications including the rights that will be received as severance pay if the employment agreement the lecturer is based on a work agreement for an unspecified time (PKWTT) and if the employment agreement is based on a work agreement specific time (PKWT) the reimbursement loss shall be granted by the wage / labor until the time of expiry of the employment agreement. Against the validity of the employment contract Lecturer What Not Meet Minimum Academic Qualification in accordance with Law on Teachers and Lecturers can be said to be invalid, because the Law on Teachers and Lecturers already set the terms in accordance with the Minimum Academic Qualification to become a lecturer / faculty. These requirements must be met in order to improve the quality of lecturers / lecturers such. Consideration judges hear the case in the Supreme Court of Appeals No. 048 PK / Pdt.Sus / 2010 is in conformity with the rules in the Labor Law. Consideration of the judge in the decision likening faculty with labor / worker and dispute resolution refers to the settlement of labor disputes.   Keywords: Legal Protection, Lecturer Colleges, layoffs
ANALISIS PENGEMBANGAN KARIR ASN BERDASARKAN MERIT SISTEM (STUDI PENELITIAN DI PEMERINTAH KABUPATEN ACEH TENGAH) Hasan Basri; Jusmadi Sikumbang; Agusmidah Agusmidah; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The enactment of Law Number 5 Year 2014 on ASN is expected to bring significant changes in institutional, career and remuneration systems as this law revolutionizes the recruitment, development and career development system which includes a career path and high filling system through open promotion. The government realizes that bureaucracy is an important and major factor in a bureaucratic administration administration, in which a State Civil Apparatus (ASN) plays a very important role in it. To ensure the election of professional and competent persons, in accordance with the standard of competence of office. Central Aceh district which is one of the areas located in the province of Aceh is an area where the level of productivity of public services is still low, the civilian state of the existing country more comes from people close to the leadership. As for the problem in this research is How the provision of career development ASN based on system merit ?, Is the existing regulation able to build mechanism and institute for career development ASN based on merit system ?, How Regency of Aceh Tengah implementing merit system in filling position / career ASN? This type of research used is the juridical approach normative or doctrinal. Sources of Legal Materials to be used are Primary Legal Material, Secondary Legal Material, and Tertiary Law Material. Techniques and Data Collection Tools that researchers use is Document Studies. The data has been collected and then analyzed by using descriptive qualitative analysis, which is analysis by describing and analyzing the data of literature and field data in the form of statement carefully and systematically. The results of this study indicate that the development of ASN careers based on system merit refers to based on Law No. 5 of 2014 About ASN is a system of personnel development based on career and work performance, measurable administratively and the reality of the achievement of duties and devotion of an employee, in the duty environment which he assumed in the organization of government office. Regulations or legislation governing the provisions relating to the State Civil Apparatus that is in Law No. 5 of 2014 and Government Regulation No. 11 of 2017 on the State Civil Apparatus Management for the present become the basis for the government both central and local as a foundation of career development and development ASN or Civil Servant. It's just that the regulation has not run optimally and optimal because it has not been able to overall local government to implement the merit system in ASN career development. The implementation of ASN careers and career development in the regency of Central Aceh is not currently running optimally and optimally, because there is still influence by the officials concerned.   Keywords: Career Development, Merit system, State civil apparatus
ANALISIS PEMBERIAN HAK-HAK NORMATIF TERHADAP TENAGA KERJA ALIH DAYA SEBAGAI TENAGA KERJA PENUNJANG KEGIATAN OPERASIONAL OLEH PT. BANK SUMUT (STUDI DI PT. BANK SUMUT) Rizki Alisyahbana; Suhaidi Suhaidi; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT In this study, the study was conducted at PT. The Bank of North Sumatra is linked with the planned appointment of thousands of TKAD’s to non permanent Non-Career Employees, resulting in 90 (Nineteen) TKAD’s not applying to new outsourcing companies considered to have resigned. As a result of the resignation, the TKAD is in accordance with the provisions in force at PT. Bank of North Sumatra and Cooperation Agreement on Manpower Services Delivery No. 01 / DKU-RT / SPj / 2014 dated January 28, 2014 between PT. Bank of North Sumatra with PT. Purna Karya Sejahtera was awarded "severance pay". However, the provision of severance and separation money is calculated as much as 65% of the Pension Plan (JHT) money from the Employment BPJS Program d/h Jamsostek, so the TKAD is not accepted and there are 9 (Nine) TKAD PT. Bank Sumut filed a Industrial Relations Dispute Lawsuit to the Industrial Relations Court at the Medan District Court demanding the payment of severance pay, gratuity and separation money from PT. Bank Sumut and PT. Purna Karya Sejahtera. Keywords : Outsourcing Labor; Severence Pay; and PT. Bank Sumut.
Penerapan Sanksi Pidana Adat Terhadap Pelaku Zina Di Wilayah Kabupaten Padang Lawas Utara Rahmat Syaputra; Madiasa Ablisar; Agusmidah Agusmidah; Marlina Marlina
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. The implementation of the principle of legality in national criminal law, namely customary criminal law still remains to reveal its figure and existence as a law that lives in society (the living law). The rules of customary criminal law in some areas are still followed and adhered to by their indigenous peoples. Violation of the rules of customary criminal law is still seen as something that can cause shock and disturb the cosmic balance of the community, for the offender will be given customary reaction in the form of customary sanctions by the community.The purpose of this study is to examine and analyze legally how to regulate customary crimes for adulterers in North Padang Lawas Regency; to know and analyze legally the application of customary criminal sanctions against perpetrators of adultery in the North Padang Lawas Regency; To examine the authority of adat leaders in completing zina criminal acts in the North Padang Lawas Regency. This type of research is empirical legal research with data collection techniques for interviews with traditional leaders and elders in North Padang Lawas district.Customary criminal law regulation in North Padang Lawas Regency against customary sanctions against zina criminal acts in North Padang Lawas district is a social act committed by a person or group of men between men and women outside of marital ties that violate moral norms, then the act is deemed as an act of adultery according to customary law in North Padang Lawas Regency. Associations that violate the norms of normalization referred to in customary law in North Padang Lawas Regency are social norms for men and women that have been implied in customary law. in the form of Sappal Dila, a type of punishment that requires the perpetrator to cut a goat or buffalo / ox by inviting a person to eat a village to make an apology. The application of customary criminal sanctions against the perpetrators of adultery in North Padang Lawas Regency was imposed by the customary chief, Raja Panusunan Bulung and Raja Pamusuk after holding a traditional meeting attended by Mr. Namalim (religious figure), Datu (health physician), Pangatak-pangetong / rokkaya (the host as well as the clerk), Panyujukon burangir (carrier of betel leaf), Halak na di Huta (community in the village) as well as witnesses who have been prepared;Authority of customary leaders in completing criminal acts of adultery in North Padang Lawas Regency, namely based on the provisions of Article 5 paragraph (3) of Law Number 1 of 1951 concerning Temporary Measures to Organize Unity in the Structure of Civil Judiciary and Procedure is the basis of the authority of the elders adat in addressing customary crimes against perpetrators of the zone in North Padang Lawas Regency.   Keywords: indigenous criminal sanctions, criminal acts, adultery
Aspek Hukum Perjanjian Kerja Dengan Kontrak Baku Antara Perusahaan Dengan Pekerja Dalam Perusahaan Satu grup : Analisis Putusan Pengadilan Negeri Medan No.132/Pdt.Sus-PHI/2016/PN.Mdn Franz Mika Widardo Harahap; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. In group company, there is often a transfer of work agreements to employees from one company to another in a group of companies. Where the transfer of work agreements is made in a work agreement with a standard contract. The legal vacuum that regulates group companies opens a legal loophole that can harm other parties in general and specialy the workers who transfered to another company  within the group's companies. This certainly can eliminate the rights of employee in particular the reduction in working period because they transfered to a  different company.. This study was used to analyze the Decision of the Medan District Court No.132 / Pdt.Sus-PHI / 2016 / PN.Mdn, dated November 16, 2016 with literature support, and elaborating legislation.Legal protection has been given by the panel of judges who handle cases to employee who had the termination of employment. By declaring null and void the work agreement of a certain time of the employee and automatically making the status of permanent for employees. The panel of judges also canceled the employee's resignation letter because it was proven not because of the will of the employee but because of coercion from the company and it was proven that the employee had worked for 3 (three) years and 3 (three) months worked continuously in the same company, it was termination of employment relationship and has the right to receive severance pay and length of service awards.   Keywords: work agreements, standard contracts and group companies
A Critical Review of Waging in Indonesian Law Agusmidah Agusmidah; Suria Ningsih
Rechtsidee Vol 3 No 2 (2016): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v3i2.225

Abstract

This article is comprehensive look of waging in Indonesian law. Waging in employment still pose a problem. No details of the principle of fair and decent with the policies or the application of the rules of waging, always give rise to new issues and discourse. For the Government, to apply fair and decent wage does not merely make the norm on paper but should be able to guarantee the implementation of the norms in society. This paper uses the literature method with the concept approach. This article discover that the wage disputes can be avoided whereas industrial society interpret the wages in return for the sacrifice that has been given and is able to meet the needs of food, clothing and housing. Then it is not worth it if one party for their maximum benefit utilizing weakness of workers by making the waging system that ignores the principle of fair and decent.
MEMBANGUN ATURAN BAGI PEKERJA RUMAH TANGGA, MEWUJUDKAN HAK ASASI MANUSIA Agusmidah Agusmidah
Jurnal Hukum Samudra Keadilan Vol 12 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Samudra

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Abstract

Pekerja rumah tangga (PRT) dianggap sebagai pekerjaan sektor informal, dan sejauh ini baru ada peraturan menteri tenaga kerja (No.2 Tahun 2015) mengatur perlindungan bagi PRT dan itupun dinilai belum maksimal. Kondisi kerja PRT yang jauh dari kata layak bahkan rentan pelanggaran HAM bisa disaksikan dan didengar di sekitar kita. Penindasan hak-hak PRT sebagai pekerja, tindakan semena-mena yang memperlakukan PRT menyimpang dari harkat dan martabat manusia merupakan manifestasi dari praktek perbudakan domestik (domestic slavery). Kebutuhan membuat aturan payung bagi perlindungan PRT dalam bentuk UU sudah tidak dapat dihindarkan lagi. Peraturan mana akan memuat aturan main tentang hak dan kewajiban para pihak (PRT, majikan, dan penyalur), serta penegakan sanksi bagi pihak yang melanggarnya.
Kedudukan Dan Perlindungan Terhadap Tenaga Kerja Pada Perusahaan Anak Dalam Perusahaan Grup/Holding Company (Studi Pada PT. Pusri Medan) Melva Theresia Simamora; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.163

Abstract

The world of economy in Indonesia is growing, the number of business fields growing and competition between companies is increasing the need for broad thinking and not being fixated only on static conditions. Over time, Indonesia began to recognize holding companies which are the choice of many business in Indonesia. Holding companies are commonly held with the aim of holding economic control on a larger scale, eliminating competition or to ensure the stability of continuous supply of materials. This can be seen from the type of business of each company concerned, where the type of business is an interdependent vertical relationship between one and another company. The absence of legal regulations in the field of holding companies, the question arises what about the legal certainty of labor from a subsidiary company. Inadequate legal regulations regarding labor protection, especially in group companies, imply a legal vacuum in the world of labor protection. Based on the background of the problems regarding holding companies and labor aspects in the form of the holding companies that have been described, further and detailed research is needed. Where there is a legal vacuum on the protection of workers in holding companies. What laws and regulations and company policies are said to be sufficient and have protected the workers themselves in the business world in the form of holding companies.
MINIMUM WAGE AND NON-TAXABLE INCOME : TO MEASURE FAIR AND FEASIBLE WAGE FOR HUMANITY Budiman Ginting; Agusmidah Agusmidah
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

The enforced regulation states that minimum wage is according to the inflation rate and economic growth. This article shows that the wage of the employee, including the non-taxable income, is the substantiation of infeasible minimum wage of the employee, because not only, it hasn’t met the opportunity cost, but it also hasn’t fulfilled the daily needs of the employees. This article uses the data of primary and secondary legal materials obtained from library research, with legislation and conceptual approach, conducted analytically, and presented in descriptive-qualitative form. The synergy between the doer of industrial relation in performing the right and obligation decently and with goodwill shall carry us to the national goal, the commonweal.
REORGANIZING THE MECHANISM OF SETTLING LABOR RELATIONS DISPUTES Agusmidah Agusmidah; Mohammad Eka Putra; Affila Affila
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 32, No 1 (2020)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/jmh.29076

Abstract

AbstractLaw No. 2 of 2004 was enacted to organize the mechanism of the settlement by involving the government (executive) through mediation and litigation. However, a number of complaints may have indicated some weakness in that mechanism. The objective was to identify the substance of Law No. 2 of 2004, which needs to be improved by formulating the ideal model. The data is consisted of primary and secondary data, which are gathered by using questionnaires to the industrial community in Medan and Deli Serdang Regency. The result showed that quick, accurate, fair, and inexpensive principles have not been implemented yet. Therefore, it is necessary to reorganize the mechanism of settling labor relations disputes.    IntisariUndang-Undang Nomor 2 Tahun 2004 tentang Penyelesaian Perselisishan Hubungan Industrial ditetapkan untuk mengatur mekanisme penyelesaian yang melibatkan pemerintah (exekutif) melalui mediasi dan litigasi. Namun, sejumlah keluhan dapat menunjukkan kelemahan dalam mekanisme tersebut. Tujuannya adalah untuk mengetahui isi dari Undang-Undang Nomor 2 Tahun 2004 tentang Penyelesaian Perselisishan Hubungan Industrial, yang butuh untuk dikembangkan dengan merancang model ideal. Data terdiri dari data primer dan sekunder, yang dikumpulkan menggunakan kuisioner untuk komunitas industri di Medan dan Kabupaten Deli Serdang. Hasil menunjukkan bahwa prinsip cepat, akurat, adil, dan murah belum diimplementasikan. Maka, sangat diperlukan untuk mengatur ulang mekanisme penyelesaian sengketa hubungan kerja.
Co-Authors Abdi, Muhammad Parrij Ade Rahmawati Siregar Ade Rahmawati Siregar Affila Ahmad Erizal Aloysius Uwiyono Alpani Pane, Farhan Alvi Syahrin Amsali Syahputa Sembiring Anak Agung Istri Sri Wiadnyani Apri Amalia Ardiantha Putera Sembiring Arie Nurwanto Arifiyanto, Joiverdia BUDIMAN GINTING Budiman Ginting Chairina Nopiyanti Sipahutar Edi Yunara Edy Ikhsan Fahrizal S.Siagian Faisal Akbar Nasution Faisal Akbar Nasution Fauzi Iswahyudi, Fauzi Fitraeva Pane, Yos Fransiska Harahap Hasan Basri HASIM PURBA Hutagalung, Cholid Ibrahim Ibrahim Idha Aprilyana Sembiring Ika Oktaviani Oktaviani Indah Chairani Saragih Irfan Santoso Iswan Kaputra Jelly Leviza Jhonny Nadeak Johannes Mangapul Turnip Joiverdia Arifiyanto Jusmadi Sikumbang Khakim, Abdul Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Marbun, Rika Jamin Maria Fitriani Lubis Marlina, Marlina Maulida, Arum Anggraeni Mauliza Mauliza Melva Theresia Simamora Mirza Nasution Mohammad Eka Putra Mulhadi Nindya Irma NINGRUM NATASYA SIRAIT OK. Saidin Pendastaren Tarigan Pendastaren Tarigan Pranade Mas Putra, Mohammad Eka Putri Rumondang Siagian Putrinda, Dwita Ajeng Rahmat Syaputra Ramadhan, Ryan Fadly Reynaldo, Vatar Rika Jamin Marbun Rizki Alisyahbana Rosmalinda Rosmalinda Rosmalinda Rosmalinda Rosmalinda, Rosmalinda Rudy Haposan Siahaan Santoso, Imam Budi Saragih, Fitrah Anata Saragih, Indah Chairani Sebayang, Dedek Kurnia Shaliha, Fithriatus Sheren Murni Utami Silalahi, Dorthy Ulini SINAGA, HENRY Siregar, Mahmul Siti Khairunnisa, Siti Sitorus, Holongi Theonia Lampungu Sitorus, Kristin Lusyana Stefani Kamajaya Suhaidi Suhaidi Suhaidi Suhaidi Sukarja, Detania Sunarmi Sunarmi Sunarmi, Sunarmi Suria Ningsih Sutan Rais Aminullah Nasution Sutiarnoto Tan Kamello Tanjung, Afriansyah Tarigan, Yefta Nikoyas Tika Puspita Sari Utary Maharany Barus Yati Sharfina D Yefrizawati Yefrizawati Yusuf, Darmawan Zhein Fajar Rheina