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All Journal Veteran Justice Journal Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Wiwin Yulianingsih
Universitas Pembangunan Nasional "Veteran" Jawa Timur
Humanities Law, Crime, Criminology & Criminal Justice

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Legal Position of Awig –Awig in the National Legal System as a Source of Law (Written Customary Law) adhitya widya kartika; Wiwin Yulianingsih; Yana Indawati
Veteran Justice Journal Vol 2 No 1 (2020): Veteran Justice Journal
Publisher : Universitas Pembangunan Nasional "Veteran" Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v2i1.30

Abstract

Village is the smallest part of the state structure. A number of villages in Indonesia have distinctive features which contain traditional elements. One of the elements of this custom is customary law. In the community of Pakraman Bali Village, there are indigenous people in which customary law applies. This customary law is stated in awig-awig. If we look at the discussion then it is related to the legal structure, of course there is a connection related to that part of the legal system. The legal system in a state can be referred to as a national legal system in which the national legal system has parts or elements that each function and have a relationship, namely between one part and another. Likewise, there are laws that are part of the customary law community where the customary law community is part of the village which is an institution in the state structure. This then becomes an issue of how the position of awig-awig is in the national legal system. This research was conducted through an analysis of legal facts and legal doctrine, namely the theoretical and statutory approaches. This article is the result of research funded by the university, so it is the outcome product of this research. The discussion in this analysis shows that awig-awig is written customary law, while what is generally understood so far is the unwritten law. In addition, the position in national law is recognized because it is the right of the customary law communities in Bali (adat in Pakraman Village, Bali). In addition, of course, awig-awig can be used as a source of material law, which is a social conception that exists in society, some of which are still applicable and some need conformity.
Efektivitas Penyelenggaraan Klaim Jaminan Kematian BPJS Ketenagakerjan Atas Kematian Pekerja Migran Indonesia Di Jawa Timur Kiki Meylia Darma Esicho; Wiwin Yulianingsih
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16323

Abstract

Work is the primary need of every human being. By working, they will get a salary or wages that becomes the exchange rate to buy various necessities for life. But unfortunately, the fact is that getting a job in Indonesia is not an easy thing. This encourages people, especially those with education from elementary school to high school, to look for job opportunities abroad. From an economic perspective, the rapidly growing world market and the influence of globalization have opened up demand for workers in foreign economic sectors. Migrant workers act as accomplices and agents of economic and social progress in their country of origin and their country of placement. However, they are also very vulnerable to risks that can result in death. In this regard, the state is responsible for providing proper welfare for its citizens by providing services to Indonesian Migrant Workers through the BPJS Ketenagakerjaan Death Security. The heirs will receive cash benefits if Indonesian migrant worker dies. However, in practice, each BPJS Ketenagakerjaan branch office has its own regulations regarding the procedure for claiming death benefits. In this case, the BPJS Ketenagakerjaan Branch of Karimun Jawa in East Java provides file requirements that differ from the Regulation of the Minister of Manpower and Transmigration Number 18 of 2018 concerning Social Security for Indonesian Migrant Workers, which impedes the heirs. Furthermore, the level of education and family members of the Indonesian migrant workers from small towns prevent them from learning about the Death Insurance Claim procedure at BPJS Ketenagakerjaan Karimun Jawa.
Co-Authors ADHITYA WIDYA KARTIKA Kiki Meylia Darma Esicho Yana Indawati