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All Journal Pandecta Jurnal Dinamika Hukum Arena Hukum Jurnal Media Hukum Jurnal Cakrawala Hukum Jurnal IUS (Kajian Hukum dan Keadilan) DIVERSI : Jurnal Hukum Yuridika Perspektif Hukum

Santoso, Budi

Fakultas Hukum Universitas Brawijaya

Author-ID : 2812225

Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 13 Documents Claim Missing Document

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TINJAUAN YURIDIS BENTUK USAHA TETAP PENYEDIA LAYANAN APLIKASI DAN KONTEN BERBASIS INTERNET DI INDONESIA Ragil Prastyawan; Budi Santoso; Tunggul Ansari
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

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.

Alternative Solution on the Execution of Court’s Verdict within Employment Termination Dispute Budi Santoso
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

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.

Juridical Analysis on Entrepreneurs’ Obligation of Effort to Prevent Termination of Employment Budi Santoso
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

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.

Job Loss Guarantee Program Policy as Legal Protection for Terminated Workers Based on Job Creation Law Article 46 Try Wahyu Widanarti; Abdul Rachmad Budiono; Budi Santoso
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.37452

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."

Co-Authors Abdul Rachmad Budiono Adheria Juniresta Adityadarma Bagus Priasmoro Suryono Putro Cahya Khaerani Hanif Nur Widhiyanti Hanif Nurwidhiyanti Rachmi Sulistyarini Ragil Prastyawan Ratih Dheviana Puru Hito Rocky Marciano Ambar Rocky Marciano Ambar Try Wahyu Widanarti Tunggul Ansari

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