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All Journal Jurnal Penelitian Hukum Legalitas Journal of Innovation Research and Knowledge Ipso Jure
Achmad Fitrian
Universitas Jayabaya
Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Penelitian Hukum Legalitas

 1 
Analisis Yuridis Fungsi dan Peran Jamsostek Dalam Perlindungan Hukum Tenaga Kerja Achmad Fitrian
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.545 KB) | DOI: 10.31479/jphl.v9i2.113

Abstract

Social Security Labor was held in response to the principle of protection of la­bor rights include the right to earn a decent living, the right to receive annui­ty, the right to guaranteed employment injury, and others. The rights of labor above are a matter that requires a guarantee. This study is a normative legal research by using a normative juridical approach. Thus, the object of research is the rule of law embodied in the rules of law created and established by the government; in the amount of statutory legislation and policies directly relat­ed to social security. The results of this study were the function and role of the Program Jamsostek to labor protection is not yet maximal conducted by the company of Jamsostek (Persero), this is due to the synergy between labor in­spectors and the association of employers and law enforcement officials have not make sense as a whole that the program Jamsostek is a state program that shall be carried out jointl
Perlindungan Hukum Hak Awak Kapal Dalam Pelaksanaan Perjanjian Kerja Laut Thomas Narpati Hendrawan; Achmad Fitrian; Gatut Hendro Tri Widodo
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.261

Abstract

The shipping sector is one of the vital sectors in the transportation of people and goods, so in the implementation of shipping activities, workers who work on ships are called as Ship's Crew (ABK). According to Law Number 17 of 2008 on Shipping, crew members are ship’s crew members other than masters, what is meant by crew members are people who work or are employed on a ship by the ship’s owner or operator of the ship to carry out tasks on board according to their position listed in the seafarer’s book (monsterrol). Problems related to legal protection of the rights of crew members in implementing seafarer employment agreements are mostly disputes about termination while the employer does not provide severance pay due to the legal principle that applies to seafarer employment agreements is referring to specific legal principle, namely lex specialis derogate lex generalis. The results of the study show that the legal basis for making maritime labor agreements in principle refers to Book II Chapter 4 of the Indonesian Commercial Code concerning Seafarer Employment Agreements. Nevertheless, the provisions of seafarer employment agreements in the Indonesian Commercial Code refer further to the provisions of employment agreements in Chapter 7A Book III of the Indonesian Civil Code, furthermore, in the procedure for seafarer employment agreement, seafarer employment agreements must fulfil legal requirements such as work agreements in general, but there is a slight difference in that work agreements generally only have two subjects involved in a work agreement. In the making of a seafarer employment agreements between the employer and the ship's crew must be made before the Syahbandar and legal protection for the crew is regulated in the seafarer employment agreements where the Government Regulation on the Seamanship that the seafarer employment agreements requires minimum wages, leave, welfare, safety and other than that, if there is an industrial relations dispute, it can resolve through the bipartite and tripartite phase.
Co-Authors Apriyodi Ali Dhoddy A.R Widjajaatmadja Gatut Hendro Tri Widodo Hendri Khuan Herry M Polontoh Loso Judijanto Muhammad Tabrani Putra Hutomo Thomas Narpati Hendrawan