Claim Missing Document
Check
Articles

Found 7 Documents
Search
Journal : Yustisia Merdeka : Jurnal Ilmiah Hukum

Analisis Kebijakan Penggunaan Tenaga Kerja Asing Di Indonesia (Dampak Dikeluarkannya Peraturan Presiden (Perpres) Nomor 20 Tahun 2018 Tentang Penggunaan Tenaga Kerja Asing) Krista Yitawati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 4 No. 2 (2018): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v4i2.20

Abstract

The consequences of globalization and liberalization of trade and investment, have an impact on the number of Foreign Workers (TKA) working in Indonesia and to support the national economy and the expansion of employment opportunities through increased investment, the government issued Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Labor Foreign. For this reason, this study aims to analyze the policy of using foreign workers in Indonesia as a result of the issuance of Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Foreign Workers. The research method that I use is normative juridical. The results of this study, namely the use of foreign workers in Indonesia currently supported by the issuance of Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Foreign Workers (TKA), will have a good impact on the development of investment from abroad to Indonesia. Because basically this Presidential Regulation aims to simplify the procedure for using foreign workers to increase investment, not to facilitate the requirements of foreign workers entering Indonesia. The more investors or investors investing in Indonesia, the more new jobs that can be opened.
Perlindungan Hukum Investor Pasar Modal Dalam Kepailitan Perusahaan Emiten Krista Yitawati; Hery Sumanto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 2 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i2.58

Abstract

Abstract— The capital market is an investment alternative for investors. Through the capital market, investors can invest in several companies through the purchase of securities offered. Investors will become shareholders in publicly-listed companies. The purpose of this study is about the position of capital market investors in the event of bankruptcy in the issuer's company and know the form of protection that can provide protection for capital market investors. The research method used is a normative research method by reviewing legislation. the position of capital market investors in the event of bankruptcy in the issuer's company is that the public shareholders are creditors who are included in the competitor (concurrent) while the form of legal protection needed is to maximize the functions and roles of OJK as the protectors of the issuer's stock which is accurately related to the performance and financial condition of public companies because the principle of openness is one of the rights that guarantees legal protection, and makes efforts to restructure the issuer's company to avoid bankruptcy. Keywords—: legal protection; investors; capital market; bankruptcy; issuers.
Perlindungan Hukum Pekerja Terdampak Pemutusan Hubungan Kerja (PHK) Dalam Masa Pandemi Covid 19 Krista Yitawati; Anik Triharyani; Yuni Purwati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 2 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i2.112

Abstract

The purpose of this research is to analyze business actors can take care of employment unilaterally during the Covid 19 pandemic period and the form of legal protection for workers affected by employment (PHK) due to Pandemic Covid 19. The method used in this study is a normative legal research method , where this method is used to find the appropriate concrete law to be applied to resolve a particular legal problem, the approach used is the Statute Approach and Conceptual Approach (Conceptual Approach). The results showed that in principle, the company may not carry out layoffs on unilateral workers in any situation, including in the health emergency situation. However, if the layoffs cannot be avoided in public health emergency situations due to the Covid-19 virus pandemic outbreak and still being done by the company, must be with certain reasons. The form of protection for the workforce that is laid off is to provide a practice card, incentives and salary / wages assistance to workers and medical personnel, credit assistance with the restructuring to UMKM, giving THR.
Perlindungan Hak Anak Yang Menjadi Pelaku Tindak Pidana Pencurian Dalam Putusan Pengadilan Negeri Magetan Nomor : 4/Pid.Sus-Anak/2021/PN.Mgt Krista Yitawati; Bambang Sukarjono; Meirza Aulia Chairani; Adi Nur Rahim Tri Wi Joyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 1 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i1.143

Abstract

Abstract- This study aims to determine the protection of the rights of children who are perpetrators of the crime of theft in the Magetan District Court Decision Number: 4/Pid.Sus-Anak/2021/PN.Mgt. The type of legal research used is normative, research that focuses on positive law in the form of legislation and this research requires secondary legal material as the main legal material. The results showed that the elements of the article that had been fulfilled as stated in the single indictment, namely Article 363 paragraph (1) to the 3rd, 4th, and 5th of the Criminal Code. The judge stated that the children had been legally and convincingly proven guilty of committing the crime of theft. with weighting. The decision taken by the judge in the decision Number: 4/Pid.Sus-Anak/2021/PN.Mgt is not solely made based on legal considerations, but also the surrounding conditions, social status of children, and family circumstances that prioritize the Restorative Justice approach.
Problematika Dan Implikasi Omnibus Law Cipta Kerja Pada Perseroan Terbatas Krista Yitawati; Anik Tri Haryani; Subadi; Adilla Nila Krusita
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.187

Abstract

Abstract— Despite the various controversies, the presence of the Omnibus Law on Job Creation have repealed at least two regulations and changed at least 80 (eight twenty) other laws. One of those affected is the Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). Study This study intends to examine what the existing concepts and problems look like on the Omnibus Law on Job Creation, as well as its implications for the regulation and the basic concept of a Limited Liability Company. This study is a normative research (doctrinal) to secondary data obtained from literature studies (library research), which consists of primary and secondary legal materials. Research result shows that the Omnibus Law is a legislative method by unites various types of laws into one specific law. This has the potential to negate the diverse interests of each laws in the name of one interest only. In addition, the practice of drafting it in Indonesia does not have a juridical basis and violates the principle of openness and participation. In terms of its implications for the PT Law, a number of the provisions in the Omnibus Law on Job Creation have expanded the meaning of the Company Limited by presenting the Sole Proprietorship model which gives birth to a number of contradictions in the basic concept of a Limited Liability Company, in addition to removing the minimum capital limit of the Company which is feared will cause vulnerabilities for business continuity.
PENGARUH UNDANG-UNDANG CIPTA KERJA DALAM MENGATASI PENGANGGURAN DI INDONESIA Krista Yitawati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 9 No. 2 (2023): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v9i2.237

Abstract

This research aims to determine the influence of the Job Creation Law in overcoming unemployment in Indonesia, namely. This research is normative research using conceptual studies (conceptual approach) and statutory studies (statute approach). The Job Creation Law was formulated to realize the goal of establishing the Indonesian Government and realizing a prosperous, just and prosperous Indonesian society based on Pancasila and the 1945 Constitution. The State needs to make various efforts to fulfill citizens' rights to work and a decent living for humanity through create work. Job creation is expected to be able to absorb as wide a workforce as possible in Indonesia amidst increasingly competitive competition and the demands of economic globalization as well as global economic challenges and crises which can cause disruption to the national economy.
Peran Dan Hambatan Satuan Polisi Pamong Praja Kota Madiun Dalam Mengendalikan Peredaran Minuman Beralkohol Krista Yitawati; Meirza Aulia Chairani; Bambang Sukarjono; Abednego Aprillino
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i1.263

Abstract

This study aims to determine the role, obstacles and efforts of the Madiun City Pamong Praja Police Unit in carrying out the enforcement of local regulations related to the circulation of alcoholic beverages. This research uses the Empirical Legal Research Method, with primary data sources from interviews and observations at the Civil Service Police Unit and one of the cafes that sells alcoholic beverages in Madiun, as well as secondary data sources, namely Regional Regulation No. 8 of 2017 concerning Control of Alcoholic Beverage Distribution and Retribution for Alcoholic Beverage Sales Location Permits. SatpolPP Madiun City plays a role in carrying out the enforcement of local regulations related to the distribution of alcoholic beverages in Madiun City by carrying out routine operations together with the Madiun City Police with the Criminal Investigation Sub-field which is approximately ten to fifteen operations every month based on the budget that has been approved by the DPRD. The obstacles faced are sourced from within the institution's own organisation or Internal and sourced from outside the organisation or External. Satpol PP Madiun City makes several efforts in various ways, including Satpol PP is required to work with what infrastructure has been provided, Satpol PP tries to carry out its work duties according to the applicable SOP, on call when suddenly required to carry out its work duties.