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All Journal Kertha Negara : Journal Ilmu Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Sociological Jurisprudence Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Jurnal Hukum dan Sosial Politik
Ida Bagus Erwin Ranawijaya
Fakultas Hukum Universitas Udayana
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Indonesia’s Contra-Productive Regulation against the Rights of Unskilled Workers for Balinese in New Zealand Desak Putu Dewi Kasih; Ida Bagus Wyasa Putra; Lukas Banu; Ida Bagus Erwin Ranawijaya; Ida Bagus Aswin Pranawa Sidhi
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2119.pp135-149

Abstract

New Zealand relies heavily on its agricultural industry. There are over 4,150 cultivators in the horticultural sector. They require the cooperation of foreign workers. Some of them were recruited from Indonesia, where most of the labour force is poor and unskilled. This research is conducted to analyse the compatibility of legislation and policy in Indonesia and New Zealand. So, they may enjoy their rights and possibilities for choosing, acquiring, or migrating from one work to another and earning a fair salary, whether domestically or internationally. Based on the contextual law method, it has been concluded that New Zealand’s laws provide excellent regulations for such enjoyment. Regarding the equal enjoyment of their fundamental employment rights, Indonesian Law and policy have failed to meet the needs of employees. This article demonstrates the Indonesian and New Zealand legal systems’ capacity and the need for Indonesian Law to be reconstructed to fulfil workers' demands.
Penerapan Sanksi Kepada Perusahaan Yang Tidak Melaksanakan Corporate Social Responsibility (CSR) Terhadap Pekerja Luh Made Ramadia Sari; Ida Bagus Erwin Ranawijaya
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1216

Abstract

Basically Corporate Social Responsibility (CSR) is manifested in the social role of a company or Limited Liability Company (PT) towards the company's internal environment, namely the welfare of its workers' lives. The existence of a level of welfare for workers is one way or strategy that can increase the participation of workers, motivation and loyalty of the workers. This problem is included in the Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies and in addition to the Law Number 25 of 2007 concerning Investment (UUPM) Article 34, namely "companies that invest in are required to implement CSR" to create conditions that are harmonious, balanced and in accordance with the environment, norms, and culture, as well as the Law that regulates the Social Security System and which establishes the Employment Social Security Administering Agency as an institution that regulates all labor guarantees for all Indonesian people, namely BPJS employment. The purpose of this writing is; 1). Providing a form of CSR responsibility to the company for the welfare of the workers; 2). Implement sanctions given to companies if they do not carry out CSR responsibilities to employees. This method uses writing in the form of normative legal methods or in legal research literature from the results of a study, there is one main thing that can be concluded. Namely, there are several rules that regulate corporate social responsibility, there is a law on State-Owned Enterprises (BUMN), an investment law and a social security law. a requirement for CSR that has the potential to cause multiple interpretations in practice, because not all laws that have regulated and contain rules that are subject to sanctions in it.
THE ROLE OF INTERNATIONAL LAW IN PREVENTING AND ADDRESSING HUMAN TRAFFICKING FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY UNDER ICCPR Praditama, Ida Bagus Mahendra; Ranawijaya, Ida Bagus Erwin
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.620

Abstract

This research aims to explore the regulations and principles of human rights and the role of International Law in preventing and addressing trafficking in persons, with a specific focus on the Right to Privacy outlined in the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the study seeks to analyze the contribution of International Law to combat trafficking in persons from an ICCPR perspective. The act of trafficking violates various principles of international human rights, including the Right to Privacy as stipulated in Article 17 of the ICCPR. However, Article 17 also acknowledges that the right to privacy may be limited in cases of public interest or to safeguard the rights of others. The challenge lies in determining appropriate limitations on the right to privacy in specific situations, leading to norm vagueness. This research adopts a normative legal research method, incorporating a statutory approach relevant to the legal domain under examination, as well as conceptual and analytical approaches. The findings revealed that effective international cooperation is crucial in combating human trafficking. Nations must ensure that their domestic laws align with international legal standards for prevention and intervention in human trafficking. Adoption and implementation of pertinent international instruments such as the Palermo Protocol, an adjunct to the UN Convention against Transnational Organized Crime, and the Protocol on Combating Trafficking in Persons are recommended for this purpose.
Developing Effective Procedures for Public Participation in Spatial Planning Regulation in Indonesia: Lesson Learned from Australia Widiatedja, I Gusti Ngurah Parikesit; Ranawijaya, Ida Bagus Erwin; Purwani, Sagung Putri ME; Dwi Atmaja, Bima Kumara
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Public participation is a crucial aspect of spatial planning, serving to achieve sustainable development objectives. The Indonesian government has recognized this fact andincorporated public participation in its spatial planning lawsand regulations. However, procedures for involving the public have been criticized for lacking genuine participation, highlighting opportunities for public input only being offeredformally. Meanwhile, public participation is considered a significant component of spatial planning regulation in Australia, particularly in Victoria. The government has involved the public in various stages of the planning process, including creating a planning scheme, issuing planning permits, and completing planning agreements. Based on the established procedures under current Australian legislation, this study aims to provide a practical solution by examining and contrasting the role of public participation in spatial planning regulation between Indonesia and Australia. This study concluded that Indonesia might consider adopting Australia's strategy and setting up planning panels to regulate spatial planning. Planning agreements can also be advantageous, particularly for large-scale or mega projects that significantly negatively impact the environment and local communities. DOI: https://doi.org/10.22304/pjih.v10n3.a5 
Co-Authors Akbar Nugraha Carmelius Mario Martin Gama Desak Putu Dewi Kasih Dina Anggraini Dwi Atmaja, Bima Kumara I Gusti Ayu Made Asri Dwija Putri I Gusti Ngurah Parikesit Widiatedja I Gusti Nyoman Kusuma Primayadnya I Gusti Putu Ngurah Satriawibawa I Made Arjaya I Made Sarjana I Made Yasa Suputra I Putu Dwika Ariestu Ida Bagus Aswin Pranawa Sidhi Ida Bagus Gede Satya Wibawa Antara Ida Bagus Wyasa Putra Kevin Haganta Ginting Komang Wardhana Putra Luh Made Ramadia Sari Lukas Banu Ni Wayan Umi Martina NI WAYAN UMI MARTINA, NI WAYAN UMI Praditama, Ida Bagus Mahendra Purwani, Sagung Putri ME Putra, Anak Agung Ngurah Dharma Putu Tuni Cakabawa Landra Sonbai, Cornalia Hendro Korassa Stefanus Agung Hariwicaksono Passar