Articles
<![CDATA[Pengaturan Mogok Kerja dalam Perspektif Hukum Indonesia dan Malaysia ]]>
<![CDATA[Santoso, Budi]]>
<![CDATA[ Pandecta Vol 6, No 1 (2011) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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<![CDATA[Tindakan mogok kerja merupakan jalan terakhir (ultimum remedium) yang dilakukan oleh serikat pekerja/serikat buruh untuk menekan pengusaha agar mau memperbaiki dan atau meningkatkan sistem pengupahan dan atau kondisi-kondisi kerja. Walaupun mogok kerja diakui sebagai hak asasi pekerja berdasar Konvensi ILO Nomor 87 Tahun 1948 dan Konvensi ILO Nomor 98 Tahun 1949, negara mempunyai kepentingan untuk mengatur dan membatasi mogok kerja. Pada perspektif Indonesia dan Malaysia, mogok kerja diakui sebagai hak asasi pekerja berdasarkan alasan bahwa hak pekerja untuk mogok adalah penting sebagai sarana penyeimbang dalam hubungan industrial. Namun demikian, ada perbedaan dalam kontrol dan pembatasan mogok kerja yang dilakukan oleh negara melalui pengaturan hukum. Pada perspektif Indonesia, kontrol dan pembatasan mogok kerja tidak diberikan secara ketat karena alasan demokrasi dan hak asasi manusia. Ini berbeda dengan perspektif Malaysia bahwa kontrol dan pembatasan diberikan secara ketat dengan alasan prioritas kepentingan ekonomi nasional.Strike is a last resort (ultimum remedium) conducted by the collective of workers to pressure employers in order to improve or enhance the system of remuneration and working conditions. Although the strike action has been recognized as the fundamental rights of workers according to ILO Convention Number 87 of 1948 and ILO Convention No 98 of 1949, state has an interest to regulate and restrict the strike action. On Indonesia and Malaysia perspectives, the strike is recognized as theàworkersââ¬â¢ rights based on the reason that workersââ¬â¢ rights to strike is important to provide balance in industrial relations. Nevertheless, there is something different on the control and limitation by the state through legal regulation of workersââ¬â¢ right to strike. On Indonesia perspective, the control and limitation is not given strictly due to the reasons of democracy and human rights in accordance with what has been specified in the Constitution of 1945. That is different from Malaysia perspective that the control and limitation is given strictly due to the reason of national economic interest as a priority.]]>
<![CDATA[Multidiciplinary Review on The Effects of Backdoor Listing Action Against Standby Purchaser (Acquisitor Company) ]]>
<![CDATA[Adityadarma Bagus Priasmoro Suryono Putro]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Rachmi Sulistyarini]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2020.20.1.2801
<![CDATA[Backdoor Listing is a "Corporate Action" taken often by companies in Indonesia today. Backdoor Listing is an act in which a closed limited liability company acquires an open limited liability company in order to conduct a right issue without going through the Initial Public Offering (IPO) process. In this paper, the writers attempt to discuss the legal consequences of Backdoor Listing action against Standby Purchasers. The research method was normative juridical using statutory approach and concept approach. In the discussion section, first the writers described the IPO and its inhibition in terms of legal and economic point of view. The review then led to the use of Backdoor Listing as an alternative to capital expansion in addition to the IPO path. The writers inventoried the requirements that must be met before backdoor listing as a conditional legal action.Keywords: initial public offering; backdoor listing; backdoor listing requirement; standby purchaser.]]>
<![CDATA[PENGATURAN PEMUTUSAN HUBUNGAN KERJA DALAM PERSPEKTIF KEPENTINGAN EKONOMI DAN HAK ASASI MANUSIA ]]>
<![CDATA[Budi Santoso]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0087.115-123
<![CDATA[Issue of dismissal is closely related to human rights and economics. The regulating must consider both aspects. This paper explores how the economics perspective and human rights perspective on the issue. On the economics perspective, although the neoclassical economics theory and the theory of new institutional economics have a difference in perspective on the issue, whether or not it stipulated by legislation, but both have a common view that the dismissal should not affect the company's productivity and efficiency. Meanwhile, on the human rights perspective, the worker is entitled to a fair dismissal.]]>
<![CDATA[Impilikasi yuridis putusan pailit terhadap profesi notaris menurut peraturan perundang-undangan di Indonesia ]]>
<![CDATA[Adheria Juniresta]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Hanif Nur Widhiyanti]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v12i1.5783
<![CDATA[This paper aims to understand the suitability of the regulations regarding the legalconsequences for notaries who are declared bankrupt. This type of normative legalresearch uses a statutory approach. Based on the results of the discussion, it was concluded that the provisions regarding legal consequences for notaries who weredeclared bankrupt in UUJN were specialist lex of similar provisions in the UUKand PKPU. This is also because the bankruptcy concept in UUJN is different fromthe bankruptcy concept in UUK and PKPU. Bankruptcy under UUK and PKPUoverrides the position of a person who is bankrupt, however bankruptcy in theUUJN may involve a person’s position as a Notary if the bankruptcy is the result ofan error committed by someone in his / her position as a Notary Public. Then thelegal consequence that can be accepted by a Notary who is declared bankrupt is thedismissal of his position as a Notary Public. Notaries can be sued for the fulfillmentof reimbursement of expenses, compensation or interest by the parties on the basis ofacts against the law. The bankruptcy regulation referred to in the UUJN is specificallyaimed at the notary’s position as a legal subject who represents a person andalso as a representative of his position who exercises the authority in making authenticdeeds.How to cite item: Juniresta, A., Santoso, B., Widhiyanti, HN. (2021). Impilikasi yuridis putusan pailit terhadap profesi notaris menurut peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(1), 1-10.doi:10.26905/idjch.v12i1.5783.]]>
<![CDATA[Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang-Undang Hukum Perdata Sebagai Syarat Batal Dalam Perjanjian Kredit Perbankan ]]>
<![CDATA[Rocky Marciano Ambar]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Hanif Nur Widhiyanti]]>
<![CDATA[ DIVERSI : Jurnal Hukum Vol 3 No 1 (2017): Diversi Jurnal Hukum ]]>
Publisher : <![CDATA[UNIVERSITAS ISLAM KADIRI ]]>
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DOI: 10.32503/diversi.v3i1.157
<![CDATA[Banks in the redit agreement use more standardized credit agreements, the use of standard contracts in the banking credit agreement is based on 2 (two) things, (1) The existence of unbalanced position (berganing position) between banks and the debtor, the bank has a more dominant position than the debtor. (2) There is an understanding of the principle of freedom of contract absolutely and indefinitely so that the bank has absolute freedom to determine the form and content of the agreement. So banks can freely to determine the form and contents of the agreement included in the clause of the terms of void wanprestasi arranged to include mengesaampinkan Article 1266 and Article 1267 Civil Code in the agreement. Whereas the provision of Article 1266 of the Civil Code provides that in the event that the revocation of the treaty must be requested by the court and the judge through the decision of the court may determine the types of compensation for the parties. Based on the background, then as for the formulation of the problem of writing is (1). Whether the inclusion of clause 1266 and Article 1267 of the Civil Code in the credit agreement of the banking system has fulfilled the principle of equilibrium and justice. (2) What is the juridical implication of the inclusion of clauses which exclude Article 1266 and Article 1267 of the Civil Code in the credit agreement pertaining to the debtor's right in the process of settling the interpretation as a condition of cancellation of the agreement. The research method used is normative juridical research. The result of this research is the waiver of Article 1266 and Article 1267 of the Civil Code which regulates the waiprestasi void in the agreement and the types of indemnity is contrary to the principle of fairness and the principle of equilibrium. The principle of justice according to Rawls is that it is unfair to sacrifice the right of one or more persons only for the sake of greater economic gain and even justice must be understood as fairness, in the sense of "equality of positions and rights" not in the sense of "commonality of results" people, in other words justice as intended is justice that provides a guarantee of equality and rights between the bank as a creditor with the customer as a debtor in the credit agreement of the bank. As for the juridical implication of the inclusion of clauses that exclude Article 1266 and Article 1267 of the Civil Code of credit agreement relating to the debtor's right in the process of settling the interpretation as a condition is to remove the legal rights as well as the debtor's legal efforts in seeking justice and the equilibrium position which is not dominant by the decision maker due to the unbounded imbalance of the parties to the agreement. The act of wanprestation brings consequences to the adversity of the disadvantaged party to prosecute the defendant to indemnify, so that by law it is expected that none of the parties will be harmed by the default.]]>
<![CDATA[TINJAUAN YURIDIS BENTUK USAHA TETAP PENYEDIA LAYANAN APLIKASI DAN KONTEN BERBASIS INTERNET DI INDONESIA ]]>
<![CDATA[Ragil Prastyawan]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Tunggul Ansari]]>
<![CDATA[ Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v32i3.4839
<![CDATA[Permanent establishment is an expansion of foreign corporations which cannot perform any legal act in Indonesia. For that reason, it cannot be created into a corporation. Foreign corporations providing online application or internet-based content perform virtually their activities of their operation in Indonesia. The legalisation of permanent establishment created by foreign corporations is ruled in ministerial circular letter of the Ministry of Information and Communication no. 3 of 2016. One of the matters ruled in Presidential Decree no. 44 of 2016 is business field of information and communication. It is categorised into business field with certain requirements. Eventually, the regulation allows them to invest and form a corporation in Indonesia. Additionally, this regulation is created in order to keep everything in order and benefit from foreign corporations' investments in Indonesia. The method used in this study is normative method with three approaches: statute approach, case study approach, and conceptual approach. The result of this study shows that business field providing online application or internet-based content mentioned in ministerial circular letter of the Ministry of Information and Communication no. 3 of 2016 can be categorised into information and communication technology sector as also mentioned in Presidential Decree no. 44 of 2016 which regulates lists of open business field and closed business field with certain requirements. According to the regulation, permanent establishment formed by foreign corporations in Indonesia must be in the form of limited liability company.]]>
<![CDATA[Alternative Solution on the Execution of Court’s Verdict within Employment Termination Dispute ]]>
<![CDATA[Budi Santoso]]>
<![CDATA[ Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v33i3.7928
<![CDATA[This paper aims to analyze the juridical barriers of execution of verdict in case of dismissal dispute as well as offering a solution to the execution of such verdict to be carried out so that workers obtain their rights. Through the statute and case approaches, it is concluded that the juridical barriers are: 1) in a reminder implementation, the existing regulation does not authorize the bailiff to force the defendant to attend the reminder call if the defendant refuses to attend the call voluntarily; and 2) in the execution seizure, the goods to be confiscated shall belong to the defendant, whereas the plaintiff can not prove it because all the evidence is in the hands of the employer. While alternative solutions in order the verdict may be executed well are: 1) involving authorized third parties who may assist the worker as a plaintiff to prove the ownership of the items for which the request is for confiscation; and 2) implementing the body’s forced effort to an employer with a bad faith in accordance with Supreme Court Regulation No. 1 Year 2000, but by reducing the minimum limit of debt that is not as much as one billion rupiah due to cases of dismssal dispute are less possibility of paying for the workers’ rights who reached that amount.]]>
<![CDATA[Juridical Analysis on Entrepreneurs’ Obligation of Effort to Prevent Termination of Employment ]]>
<![CDATA[Budi Santoso]]>
<![CDATA[ Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v35i1.12639
<![CDATA[This article aims to analyze the applicability of the employer's duty of care to prevent employment termination based on Article 15(1) Act No. 13 of 2003 on Labour, questioning if those obligations applied to all grounds and reasons resulting in termination of employment. To answer the objectives, this legal research uses the method of legislative approach by analyzing the available legal sources through systematic interpretation and legal argumentations. Relying on the result of the discussion, a conclusion is reached that employer's obligation of effort to prevent termination employment, as regulated under Article 151(1) UUK, is excluded when the employee is unable to perform its obligated duty after six months because he/she is entangled in criminal proceedings. If the Court decides the proceedings before the six months term ends and the employee is found to be guilty, then he/she is no longer the responsibility of the employer.]]>
<![CDATA[Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan ]]>
<![CDATA[Rocky Marciano Ambar]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Hanif Nur Widhiyanti]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.59
<![CDATA[Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.]]>
<![CDATA[Job Loss Guarantee Program Policy as Legal Protection for Terminated Workers Based on Job Creation Law Article 46 ]]>
<![CDATA[Try Wahyu Widanarti]]>;
<![CDATA[Abdul Rachmad Budiono]]>;
<![CDATA[Budi Santoso]]>
<![CDATA[ Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v37i2.37452
<![CDATA[To provide legal protection for workers who have experienced termination of employment, the government of Indonesia has issued a new policy in the form of Article 46 of Law No. 11 of 2020 concerning the Job Creation Law. This increases the type of protection for social security programs, namely the job loss guarantee program. This paper uses a juridical-normative research method. The results indicate that the legal protection policy for workers affected by termination of employment was not appropriate. Therefore, an amendment was made to Law Number 40 of 2004 concerning the National Social Security System. Specifically, Article 46A of the Job Creation Law states: "Workers or employees who have their activities terminated are entitled to collateral due to loss of profession." Article 46C(2) also states that the Central Authority should pay the professional burnout insurance contributions. In this case, non-professional collateral benefits are not focused on money but on cash, access to actionable market data, and job training. It is not explained in detail what percentage of the total compensation will be obtained by workers affected by termination of employment through this job loss guarantee scheme. This is only stated in Article 46D paragraph (2), "Job loss guarantee will be provided for 6 (six) months of wages."]]>
