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The Existence of Work Agreements for a Specific Time Before and After the Job Creation Law Number 11 of 2020 Rini, Astiti Swanita
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Vol 8, No 3 (2023): Juni, socio-economics, community law, cultural history and social issues
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jimps.v8i3.25806

Abstract

The purpose of this research is to analyze the criteria for the period of time and types of work that are used as the basis for employment relations in work agreements for a certain time when viewed from the Law  Employment and analyzing the protection of continuity of work for workers/labourers with a Fixed Time Work Agreement.  The type of research that the author uses is normative legal research, namely legal research that places law as a building system of norms.  The intended system of norms is regarding principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). The research results obtained are first, work agreements often do not go well and according to initial expectations. There are times when there are disputes or differences of opinion from each party. Therefore there must be a work agreement made in writing. Second, the existence of a work agreement makes the work relationship bound and cannot be separated from the agreement. Regulations related to the employment relationship system with a Specific Time Work Agreement (PKWT) are a form of accountability that must be complied with by companies/employers. However, PKWT still has a negative impact on workers/labourers even though there are laws that regulate it. Employers/companies commit many violations related to the types of work that can be carried out with the Specific Time Work Agreement (PKWT) system as well as violations related to the specified time period of the Work Agreement (PKWT).
FREE, PRIOR AND INFORMED CONSENT IN FULFILLING THE CONSTITUTIONAL RIGHTS OF CITIZENS IN THE MINING SECTOR Harliansyah, Harliansyah; Rini, Astiti Swanita; Siagian, Eva Nopitasari; Andjab, Tuntas Karawahno; Fall, Rokhaya
International Journal of Law, Environment, and Natural Resources Vol. 1 No. 1 (2021): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.586 KB) | DOI: 10.51749/injurlens.v1i1.2

Abstract

Based on data from the Directorate General of Mineral and Coal, Ministry of Energy and Mineral Resources, in 2017, there are 9,353 Mining Business Licenses (MBL) with 9,074 MBLs entered in the DG of Mineral and Coal database. Of these, 6,565 MBLs passed the CnC requirements, while the remaining 2,509 MBLs were categorized as non-CnC. The focus of the problems studied are: (1) What is the Direction of Changes in Government Policy in the Mining Sector? (2) What is the relationship between Free, Prior and Informed Consent with the fulfillment of the constitutional rights of citizens in the mining sector? The method used in this study is doctrinal legal research focusing on sources of law. The result shows that (1) There are changes in government policy in the mining sector, which was only constrained in its implementation, but has now become more problematic because of the removal of the article on the imperative community participation; (2) In every policy setting, FPIC must be implemented and must be given to the community, especially those who are directly affected. Thus, FPIC can be said to be a form of community rights that must be fulfilled by the government as the licensor legally to fulfill the constitutional rights of its citizens.