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All Journal Jurnal Hukum Prasada Jurnal Analogi Hukum
I Ketut Widia
Universitas Warmadewa, Denpasar-Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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Legal Protection of Contract Workers in the Work Agreement in Jayagiri Hotel Feranika Anggasari Jayanti; Johannes Ibrahim Kosasih; I Ketut Widia
Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.8.2.2021.78-88

Abstract

The development of the tourism industry in Bali causes the high competitiveness of classy hotels such as the Jayagiri Hotel and has an impact on the income aspect of the hotel business, in this case the company's income and leads to legal protection of the rights and obligations given to its workers. This study aims to examine the contractual relationship between contract workers in a work agreement at Jayagiri Hotel and to examine the legal protection can be given for contracts made by the parties and obstacles are experienced by workers in obtaining their rights and obligations. The method used in this study is normative and empirical research method. The results of this study showed that the employment agreement between contract workers and the Hotel has not yet provided a good working relationship so that the application of Law No. 13 of 2003 concerning Employment has not been accommodated. This is due to the entry into force of the standard contract agreement in Jayagiri Hotel which has not provided a balanced position in the same position between workers and employers. Employers as employers always have a higher bargaining position than workers, so the formulation of work agreements in Law No. 13 of 2003 concerning Employment has not been properly accommodated to protect workers' rights and cannot yet prosper workers in accordance with the mandate of the Act.
Status Mewaris Terhadap Anak Yang Lahir Dari Perkawinan Beda Agama Ni Kadek Oktaviani; I Ketut Widia; I Ketut Sukadana
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.27-31

Abstract

The diverse in Indonesia's society is widely open for any possibility of interfaith marriages, where interfaith marriages are Nomort strictly regulated in Indonesia Marriage-Law, causing a problem that related into the validity of marriage and in the status of inherited children that are resulting biological or adopted children and affinity from this different religion marriage. The formulation of the issue and obstacle is chose in this research is about how the legal status of the interfaith marriages according to Law Number 1 Year of 1974 and how the status inherits biological or adopted children and affinity from this different religion marriages. This research is a normative legal research by reviewing legislation and using Library Research Methods the results of the research regarding interfaith marriage in Indonesia according to Marriage Act in Indonesia are Nomort strictly regulated, the consequences of this law will lead to a dilution trough a legal obscurity and uncertainty in law. But related to marital status stated in Article 2 paragraph (1) of Indonesia Marriages Law, has referred to the laws of religion and their respective beliefs faith to determine a bond of the legal marriage. As for the interfaith couples who do the marriage through the establishment of a court then recorded in the Civil Registry Office, the marriage is considered as legitimate under the government law. Legitimate marriage is a justification for a resulting of biological or adopted children and affinity to be a legitimate child. The legal status of children born of interfaith marriages is a legitimate child provided the marriage has been registered according to the statutory regulations. Regarding inheritance resulting of biological from these interfaith marriages, the children has the right to be an heir. The Marriage Law does Nomort regulate the patrimony, but moreover are regulated in more specific in each of community religion law; customary law and other laws are basically carried out by agreement by both parties.
Co-Authors Feranika Anggasari Jayanti I Ketut Sukadana Johannes Ibrahim Kosasih Ni Kadek Oktaviani