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Yetniwati Yetniwati
Fakultas Hukum, Universitas Jambi, Indonesia
Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Nursing Public Health Social Sciences Transportation Other

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TERMINATING WORKERS DURING THE PANDEMIC: A PERSPECTIVE ON LEGAL CERTAINTY Yetniwati Yetniwati; Muskibah Muskibah; Iskandar Zulkarnain
Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i1.30674

Abstract

This paper presents a comprehensive analysis of the legal principles that govern the process of worker layoffs and the corresponding legal framework required to regulate such actions during economic crises. The study adopts a normative juridical approach, and the findings highlight the key legal principles that underpin employee terminations and form the basis of legal dogmatics. These principles include clarity, fairness, balance, empowerment, nationality, utility, non-discrimination law, and family principles. Furthermore, the regulatory framework governing employment termination should encompass a minimum set of legally mandated components. These components include clearly defined grounds for termination, prerequisites for initiating the process, procedural steps to be followed, a prescribed time limit for completion, normative entitlements of affected workers, and the implementation of online-based oversight mechanisms. Establishing regulations on employee termination in response to the global economic crisis is of utmost importance. These regulations should incorporate a baseline of legal principles and minimum legal requirements. It is recommended that governmental and legislative entities include provisions for employee terminations within the framework of the Labour Law.
Pemenuhan Upah Layak Bagi Pekerja Melalui Penetapan Upah Minimum Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang Hendra Halomoan Ambarita; Hartati Hartati; Yetniwati Yetniwati; Herma Yanti
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1403

Abstract

The government has regulated the fulfillment of living wages for workers through the Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages. A living wage is a basic right of workers/laborers that must be fulfilled by employers. The method in this research is that this research is descriptive analysis with the type of research, namely iordischromatid, which uses data sources, namely primary legal materials, secondary legal materials and tertiary materials and the data analysis used is qualitative analysis. The results of this research are that a living wage is a wage that can adequately meet the minimum living needs of workers/laborers and their families. The Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages are regulations that regulate the fulfillment of living wages for workers/laborers. The Job Creation Law mandates that the government establish wage policies as an effort to realize the rights of workers/laborers to a living that is worthy of humanity. This policy includes setting a minimum wage every year. Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages regulates the formula for calculating minimum wages which includes three variables, namely inflation, economic growth and a certain index (symbolized in the form a). The minimum wage calculation formula regulated in Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages is expected to encourage an increase in people's purchasing power and realize a living wage for workers/laborers. However, periodic evaluations need to be carried out to ensure that the formula can adequately meet the minimum living needs of workers/laborers and their families.
Sistem Pengawasan terhadap Perjanjian-Perjanjian terkait Pengiriman Pekerja Migran atau Tenaga Kerja Indonesia ke Luar Negeri Yetniwati Yetniwati; Elita Rahmi; Hartati Hartati
Nagari Law Review Vol 3 No 2 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.3.i.2.p.56-69.2020

Abstract

Supervision of labor in the process of sending migrant worker abroad began at the time of recruitment, registration, counseling, document management, training until departure. Related agreements in the process of sending migrant worker namely: Placement Cooperation Agreement; migrant worker Placement Agreement; and Work Agreement. All these agreements are in practice made in the form of standard agreements. Supervision of the strong party is necessary to avoid oversight in order to provide protection to the weak party. Supervision is carried out by agencies that work in synergy between the Ministry of Foreign Affairs, the Ministry of Manpower and the Regional Government, which has the authority and synergy to supervise both administrative and technical nature with integrated information systems in order to provide protection to Indonesian Migrant Workers Abroad
Perlindungan Hak Cipta Dalam Perspektif Asas Kebebasan Berkontrak Prayogi Yulisti; Yetniwati Yetniwati; Umar Hasan
Recital Review Vol. 6 No. 1 (2024): Volume 6 Nomor 1 Januari 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i1.24543

Abstract

This study aims to examine how copyright buyers are protected in sold flat sale and purchase agreements after the publication of Article 18 of the Copyright Law number 28 of 2014, where the agreement expires after 25 years. Does the sale and purchase agreement remain valid according to the Civil Code so that the copyright buyer still gets the exclusive commercial rights. As well as how the perspective of a sold flat agreement is seen from the validity and protection of copyright buyers This research is a legal research that examines the perspective of laws related to sold flat agreements descriptively.
Rebuilding Justice: Reimagining Housemaid Protection through the Lens of Human Rights Yetniwati Yetniwati; Hartati Hartati; Iskandar Zulkarnain; Siti Kunarti; Raja Sharah Fatricia
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.19172

Abstract

This paper aims to explain and evaluate the safeguarding of housemaids as a human rights issue, the types of legal safeguards available to them, and the establishment of oversight mechanisms governing the interaction between housemaids and their employers. The need for robust protection arises from the current absence of comprehensive legal frameworks in Indonesia to ensure their rights are upheld. In response, a Draft Bill concerning the Protection of Housemaids is under review as part of the 2023 National Legislation Program (Proglenas), and this paper aims to contribute to the legislative process. Using a normative juridical approach, the research finds that protecting housemaids is a critical step in fulfilling human rights, as acts of abuse and physical violence against them are severe violations. Legal safeguards for housemaids encompass preventive measures such as regulating recruitment processes, employment contracts, working hours, rest periods, leave, wages, overtime pay, and participation in health and work accident insurance programs. Additionally, employer-provided housing must meet health and safety standards. A human rights-based approach to managing work conditions is essential for fostering a harmonious relationship between housemaids and employers. Repressive protection includes mechanisms for resolving disputes, both through non-litigation and litigation methods. Effective legal oversight is vital, which can be conducted routinely by labor agencies and supplemented with online supervision tools, such as a complaint application. This application would allow housemaids and employers to submit complaints, integrated with supervisory staff at the labor department. The conclusion emphasizes that the legal protection of housemaids should be firmly rooted in human rights principles to ensure comprehensive and effective safeguards.
Co-Authors Agustin Rifiana Amarru Muftie Holish Diana Amir Diana Amir Diana Amir Diana Amir Dwi Suryahartati Dwi Suryhartati Elita Rahmi Erika Natalina Br Ginting Faradiba Mivtahur Feny Adisti Hartati Hartati Hartati Hartati Hartati Hartati Hartati Hartati Hendra Halomoan Ambarita Herlin Noviyanti Herma Yanti Iskandar Zulkarnain Iskandar Zulkarnain Lili Naili Meriyani Meriyani Muskibah Muskibah Pahlefi . Prayogi Yulisti Raja Sharah Fatricia Ratih Novitasari Romavita Romavita Salsabila Nauli Malau Sari Rahayu Sasmiar Sasmiar Siti Kunarti Syamsir Syamsir Taufik Yahya Umar Hasan Yogha Octhanio Pratama