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LEGAL PROTECTION FOR HOME WORKERS IN PACKING THE POCI PRODUCTS Lestari, Siti Duwi; Wardani, Susilo
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9475

Abstract

AbstractThe development of the industrialized world and business mechanisms are becoming more efficient, many peoplecan now use labor in a more flexible way toavoid additional costs or fees. This research aims to analyzethe legal relationship between the employer and the homeworker and analyze the legal protection of the fulfillment of the rights of homeworkers in the packing of teabags in the village.legal protection over the fulfillment of the rights of homeworkers in the packing of teapots in Kedawung Village, Tegal Regency.Kedawung Village, Tegal Regency. The method used in this research is juridical and empirical.empirical, Soerjono Soekanto argues that empirical juridical research is a method that connects legal theory with social reality.method that connects legal theory with social reality. This research uses secondary dataThis research used secondary data with data collection method of observation interview. The first research resultshows that the legal relationship that occurs between employers and home workers is based on an ordinary civil agreement.homeworkers is based on ordinary civil agreements and is not an employment relationship as in Law No. 13/2003.homeworkers are workers in a company who carry out production activities outside the company's premises.workers in a company who carry out production activities outside the company environment at home or at the location of an association.outside the company's premises at home or at the location of a community gathering with a putting out system.where they work on some of the stages of production outside the Company and areare paid based on the unit wage produced and do not receive other rights as formal workers.as formal workers. The second shows that even though home-based workerswork part of the production stages of the company, but do not getm Translated with DeepL.com (free version)
PERLINDUNGAN HUKUM BAGI DRIVER GRAB YANG MENGALAMI PESANAN FIKTIF PADA ERA GIG ECONOMY Ery Charmelita Raska; Wardani, Susilo
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1439

Abstract

This research aims to analyze the legal relationship between Grab drivers and Grab platform in the context of gig economy in Banyumas Regency, as well as legal protection for drivers who experience fictitious orders. This research uses normative juridical and empirical juridical methods. The research data includes primary data from direct interviews with several drivers in Banyumas Regency and supported by secondary and tertiary data. The data analysis method uses qualitative analysis method. The first research result shows that the relationship between the driver and the platform arises due to a partnership agreement that gives birth to balanced rights and obligations between the parties. In practice, the relationship between drivers and platforms looks like a working relationship where there are elements of orders, wages, and work as well as relationships such as superiors and subordinates that create imbalances in the existing partnership agreement. So it looks like a pseudo-partnership relationship. When viewed in Regional Regulation Number 5 of 2021 concerning Creative Economy Development, Grab drivers are included in the type of freelancers with a partnership pattern system using a profit-sharing system regulated in article 4 and article 33. However, these rules still do not provide adequate legal protection for online ojek drivers. The second research result, legal protection for drivers who experience fictitious orders is still limited. The Grab platform provides protection by providing a reimbursement mechanism, which has been stated in the partnership agreement between the driver and the Grab platform. The unclear legal relationship between Grab drivers and the platform in the Gig Economy era in Banyumas causes weak protection for drivers who experience fictitious orders.
Peranan Perguruan Tinggi dalam Mendukung Pengembangan Perbankan Syariah di Kabupaten Purbalingga Propinsi Jawa Tengah Hidayah, Astika Nurul; Wardani, Susilo
Prosiding University Research Colloquium Proceeding of The 8th University Research Colloquium 2018: Bidang Sosial Ekonomi dan Psikologi
Publisher : Konsorsium Lembaga Penelitian dan Pengabdian kepada Masyarakat Perguruan Tinggi Muhammadiyah 'Aisyiyah (PTMA) Koordinator Wilayah Jawa Tengah - DIY

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

Abstract

Sistem perbankan syariah menjadi salah satu pilihan bagi masyarakat dalam menginvestasikan atau sekedar menyimpan dana yang dimiliki. Hal ini didasarkan pada kokohnya sistem perbankan syariah dalam masa krisis moneter di tahun 1998 yang mana banyak perbankan konvensional yang tidak dapat bertahan dan mengalami kegoncangan namun tidak demikian halnya dengan perbankan syariah. Berdasarkan hasil penelitian, Kabupaten Purbalingga yang merupakan kawasan Propinsi Jawa Tengah bagian selatan ternyata memiliki tingkat perkembangan bank syariah yang paling rendah diantara 2 (dua) kabupaten sekitar yang memiliki tingkat perekonomian yang sepadan. Hal ini tentunya menimbulkan pertanyaan karena Kabupaten Purbalingga sangat terbuka terhadap investor asing maupun lokal yang ada sehingga banyak terdapat usaha yang mendorong berkembangnya perekonomian masyarakatnya. Selain itu, di sekitar Kabupaten Purbalingga banyak terdapat perguruan tinggi yang notabene memiliki tugas dan tanggung jawab untuk turut mengembangkan dan menyebarkan pengetahuan bagi masyarakat di sekelilingnya. Terkait hal tersebut, maka perlu dilakukan analisis mengenai bagaimana peranan perguruan tinggi dalam mendukung pengembangan perbankan syariah di Kabupaten Purbalingga Propinsi Jawa Tengah.
WANPRESTASI TERHADAP PELAKSANAAN PEMBAYARAN KLAIM DALAM PERJANJIAN ASURANSI PENDIDIKAN Dewi, Sri Amanda; Wardani, Susilo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1441

Abstract

This study aims to determine and analyze the implementation of the agreement between the insured in the Education insurance at PT. AJB Bumiputera Purwokerto and to determine and analyze the legal efforts to resolve the default on the payment of education insurance claims made by PT. AJB Bumiputera 1912 Purwokerto. The data analysis method in this study adopts the normative legal method descriptively to describe the current state of the subject or object of research based on the observed facts. The results of the first study showed that the implementation of the insurance agreement gave rise to rights and obligations agreed upon between the insured and the insurer, namely PT. AJB Bumiputera 1912 Purwokerto. These rights and obligations include the fulfillment of payment of education insurance claims in accordance with the provisions stated in the policy. After the agreement was implemented, the policy payment to the insured at the policy maturity date did not receive payment so that the insurer had committed a default in the form of delays in payment of education insurance claims for PT. AJB Bumiputera 1912 Purwokerto. The results of the second study were efforts to resolve disputes over defaults due to late payment of claims by PT. AJB Bumiputera 1912 Purwokerto the insured demands compensation through mediation, lawsuit, and arbitration.
PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS KESELAMATAN DAN KESEHATAN KERJA Riyayan, Allan Ardi; Wardani, Susilo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1442

Abstract

The purpose of this study is regarding the implementation of legal protection and efforts to prevent work accidents. The research method used is empirical using a factual approach. The data collection method uses the interview method and literature study. The data analysis method used is qualitative. The results of the study show legal protection for workers for K3 at PT. Geo Dipa Energi Wonosobo, namely (1). economic form of protection. (2). Social protection or occupational health and. (3). Technical protection or work safety. Accident prevention efforts at PT. Geo Dipa Energi Wonosobo, namely by implementing Job Safety Analysis (JSA) by identifying hazards and their control at each stage of work, namely by implementing Job Safety Analysis. The implementation of Job Safety Analysis (JSA) at PT. Geo Dipa Energi Wonosobo can help make it easier for workers to take safe work steps and can avoid various existing hazards.
Harmonious, Dynamic, and Equitable Industrial Relations Dispute Resolution in The Eyelash Industry in Purbalingga Wardani, Susilo; Dwiyanti, Retno; Supriyanto, Agustinus
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3385

Abstract

Purbalingga Regency is one of the centers of eyelash production in Indonesia. Thousands of people work in this sector. However, the Covid-19 pandemic has increased industrial relations disputes that arise because of differences in interests between employers and workers/laborers. This article aims to unravel industrial relations disputes in the eyelash industry and formulate a harmonious, dynamic, and equitable settlement model. This research is designed using empirical juridical method. Data analysis for centralized research is carried out by systematizing legal materials obtained and classified while field research is classified and tabulated based on answers to questions in the interview guidelines. The results show that the settlement of industrial relations disputes that are harmonious, dynamic, and fair in the false eyelash industry sector in Purbalingga Regency is resolved through bipartite institutions. If it fails, mediation is conducted. In resolving industrial relations disputes, it is necessary to get rid of the concept of balance of power or opposition.Keywords: Dispute Resolution, Industrial Relations, Harmony, and Justice.
ANALISIS PERJANJIAN PRA NIKAH YANG DILANGSUNGKAN DI DALAM PERKAWINAN MENURUT HUKUM POSITIF DI INDONESIA Choliek, Vito Qobul; Wardani, Susilo
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1718

Abstract

Prenuptial agreements are still often perceived negatively by some members of the public, because they are considered contrary to the value of decency and have the potential to cause prejudice and distrust between prospective spouses. Then, there are still a number of couples who only realize the urgency of making a prenuptial agreement after the marriage is held, so they assume that making the agreement is no longer juridically possible because the marriage bond has been valid and binding according to the provisions of the legislation. The purpose of this study is to determine and analyze the prenuptial agreement in the invitation laws and regulations in Indonesia as well as to determine and analyze the prenuptial agreement directly in marriage after the decision of the Constitutional Court. This research uses normative juridical legal research, which is one type of legal research methodology that bases its analysis on applicable laws and regulations and is relevant to the legal issues that are the focus of the research. Indonesia has three main legal bases governing pre-nuptial agreements, namely Law No. 16/2019 on the Amendment to Law No. 1/1974 on Marriage, the Compilation of Islamic Law (KHI), and the Civil Code (KUH Perdata) and coupled with Constitutional Court Decision No. 69/PUU-XIII/2015. These rules have regulated in detail the substance, terms, and procedures of this agreement. After the Constitutional Court Decision No. 69/PUU-XIII/2015, the agreement can also be made after the marriage takes place, as long as it does not violate the law, religion, and decency and does not harm third parties. The emergence of the Constitutional Court's decision No. 69/PUU/XII/2015, related to the pre-marital agreement that can be made by the husband and wife after the marriage takes place. The law gives freedom to everyone to make agreements in any form and content as long as it does not conflict with the provisions of laws and regulations, decency, and public order.
Perlindungan Hukum Terhadap Pekerja Migran Indonesia: Analisis Kasus Tindak Pidana Perdagangan Orang di Kabupaten Wonosobo Destriyanti, Shafira Salwa; Wardani, Susilo
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v10i2.10656

Abstract

This study aims to analyze the forms of legal protection provided to Indonesian Migrant Workers who are victims of human trafficking in Wonosobo Regency and to examine the implementation of migrant worker protection regulations at both the national and regional levels. This article is categorized as normative juridical research combined with an empirical juridical approach. The research method involves a literature review of laws and regulations, legal literature, and scientific journals, as well as interviews with the Indonesian Migrant Workers Union (SBMI) Wonosobo Branch as the primary data source. The results indicate that legal protection for migrant workers in Wonosobo Regency has not been implemented optimally, as reflected in the high number of non-procedural departures and ongoing cases of human trafficking due to weak migration literacy, inadequate supervision, and insufficient policy integration
Implementasi Smart Contract dalam Bisnis Digital Berdasarkan Hukum Perdata Masrofah, Masrofah; Suroso, Teguh; Wardani, Susilo
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v10i2.13370

Abstract

This study aims to analyze the implementation of smart contracts in digital business practices and to assess their legal certainty from a civil law perspective. This research employs a normative legal research method using statutory and conceptual approaches, focusing on the Indonesian Civil Code, the Law on Electronic Information and Transactions, and the Law on Financial Sector Development and Strengthening. The findings indicate that smart contracts can be legally recognized as valid agreements provided they fulfill the essential requirements of contract validity, namely consent, legal capacity, a specific object, and a lawful cause. However, the automated and code-based nature of smart contracts poses challenges in interpreting the parties’ intent, verifying legal capacity, and determining lawful cause. Therefore, stronger regulatory frameworks and hybrid contract models are necessary to ensure legal certainty for smart contracts in Indonesia.
The Legal Politics of Protecting Migrant Workers’ Human Rights: Policy Reorientation through the Revision of Law Number 18 of 2017 Salas, Maizidah; Wardani, Susilo
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.13687

Abstract

Ideally, the protection of Indonesian Migrant Workers (IMWs), as mandated by the 1945 Constitution and Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law), positions the state as the primary human rights–based protector. In reality, persistent cases of violence, exploitation, human trafficking, and the failure of the zero-cost placement scheme reveal a significant gap caused by regulatory disharmony and overlapping institutional authority, particularly following the establishment of the Ministry of Indonesian Migrant Workers Protection (KP2MI). This study addresses the research gap (novelty) by examining the PPMI Law through a political law perspective that integrates human rights principles, institutional transformation of KP2MI–BP2MI, and comparative best practices from the Philippines. This research employs normative legal research using statutory, conceptual, and comparative approaches. The findings indicate that although the PPMI Law is normatively responsive, its implementation is weakened by the regulator–operator dilemma, inadequate supervision of private placement agencies, and limited responsiveness to emerging challenges such as online scamming and non-procedural migrant workers. This study recommends a revision of the PPMI Law to reaffirm institutional authority, strengthen substantive human rights protection, and adopt state-centered progressive protection models.