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Journal : Ilmu Hukum Prima

PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN TRANSPORTASI ONLINE DALAM TINDAK PIDANA PENIPUAN ORDER FIKTIF Arif Hidayat Giawa; Willy Tanjaya; Batara Andri Futra Situmorang
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.119 KB) | DOI: 10.34012/jihap.v2i1.510

Abstract

Online-based transportation was created with the aim of making it easier for someone who wants to travel easily to order, be efficient and effective. In carrying out its activities there are problems that harm the online transportation companies, namely fictitious orders. Fictitious orders are classified as fraudulent acts. Online transportation companies have the right to obtain legal protection. The form of legal protection that must be given to online transportation companies is: compensation, termination of employment and punishment. This study uses legal normative juridical research. The results of this study indicate that those who bear the loss of the company are those who have committed fictitious order fraud, namely the online driver. So that in this case the company can sue the driver regarding the fictitious order.
PERLINDUNGAN HUKUM TERHADAP KARYAWAN YANG DIRUMAHKAN DALAM PERJANJIAN KERJA WAKTU TIDAK TERTENTU ( PUTUSAN : NOMOR 491 K/PID.SUS-PHI/2017) Willy Tanjaya; Ellert Ellert Ellert
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.262 KB) | DOI: 10.34012/jihap.v2i1.536

Abstract

That, if the Labour Law protects laid-off workers where workers still get full wages during layoffs. This is regulated in section 93 of article 2 letter f of Labour Law Number 13 of 2003 concerning Labor which states that employers are obliged to pay workers' wages, if workers are willing to do the work promised, but employers do not employ either their own mistakes or obstacles that should be avoided Company. But in practice there are still many workers who are laid off without receiving wages and do not know about their own rights and obligations as discussed in the decision Number 491 K / Pdt.Sus-PHI / 2017 where laid-off employees do not get rights and obligations a permanent work agreement during the lay down period. The purpose of this journal is to find out whether permanent work agreement can be laid off or not, to find out the rights possessed by employees during laying off by the company and the suitability of judges' consideration in giving such decisions to employees laid down based on Labour Law Number 13 of 2003 concerning Labor. The study was conducted using normative juridical research methods with secondary data legal material sources in the legislation and decisions and circulars related to employment with the nature of descriptive legal research. Based on the analysis of the results of the study, it can be concluded that the term laying off permanent work agreement can be carried out under conditions where the rights and obligations of workers are required to be fulfilled in accordance with the law.