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All Journal Pembaharuan Hukum Journal of International Islamic Law, Human Right and Public Policy
Maulana Saputra Sauala
Universitas Sulawesi Tenggara
Religion Law, Crime, Criminology & Criminal Justice

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OUTSOURCING DALAM UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (DITINJAU DARI ASPEK 222 KEADILAN, KEPASTIAN, DAN KEMANFAATAN HUKUM) Maulana Saputra Sauala
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1433

Abstract

Outsourcing system ilegalized by law No. 13 of 2003 on employment especially in chapters 64-66, so it can be examined that the legislators themselves are agents of the canal for entrepreneursand the state on the other hand through his government also supports this activity. That is, hereit is clear that the political forces affecting the massive law. Here there is clearly a dichotomybetween countries as legislators / wisdom with the community as the goal of the legislation. The implication is due to the dichotomy of law acts as a tool to manipulate the state of socialrelations, even openly law the interests of the groups that control the state in this case is thecapital owners / entrepreneurs.It can be concluded the law is for humans and confirmed the existence of human beings asa whole person, so that the passage of the law is also the needs of the community itself. But if the opposite happens, ie, as described above, it can be ascertained that the law certainly got loud opposition from people who put themselves as victims, in this case the state would not be able to protect the interests of the people especially the workers’ interests
IMPLEMENTATION OF RESTORATIVE JUSTICE IN RESOLUTION OF VIOLENT CONFLICT BETWEEN DEMONSTRATORS AND POLICE PERSONNEL AT KENDARI POLICE REGENCY. Maulana Saputra Sauala; Arif Try Dhana Jaya; Asrullah; Nurlela Puspa Sari; Marlin
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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

Abstract

The violent conflict that occurred between demonstrators and police personnel during the demonstration is an issue that can disrupt public order and give rise to legal issues for the parties. The resolution of this conflict is not only oriented towards repressive law enforcement, but also requires an approach that can restore relationships, resolve losses, and prevent recurrence of conflict. This study aims to analyze the application of restorative justice in resolving violent conflicts between demonstrators and police personnel at the Kendari Police Headquarters and identify the obstacles faced in its implementation. This study uses an empirical legal research method with a qualitative descriptive approach. Research data were obtained through interviews, observations, and documentation related to the conflict resolution process between demonstrators and police personnel. The results of the study indicate that the application of restorative justice can be an alternative resolution of violent conflicts through a process of dialogue and deliberation involving the conflicting parties, prioritizing recovery, accountability, and the creation of mutual agreements. The application of this approach can also help reduce conflict escalation and provide space for the parties to resolve the problem more constructively. However, its implementation still faces several obstacles, including differing interests and perceptions between demonstrators and the police, the parties' willingness to reconcile, the complexity of violent incidents, and limited understanding of restorative justice mechanisms. Therefore, improved communication, transparency, and professionalism of police personnel are needed, as well as coordination with relevant parties to ensure the effective implementation of restorative justice in resolving conflicts between demonstrators and police personnel while ensuring legal certainty and justice.
Co-Authors Arif Try Dhana Jaya Asrullah Marlin Nurlela Puspa Sari