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An Employment Law Clinic: Developing of Student’s Capacity through Clinical Legal Education in Employment Matters on ASEAN Economic Community Era Sulistiyono, Tri; Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20722

Abstract

A legal clinic recognized as one of an important program in law school.Legal clinic provides a legal experience to law school students andservices to various clients. Legal clinic typically do pro bono work in aparticular area, providing free legal services to clients. ASEAN EconomicCommunity (AEC) Era become one of challenges for regionalcommunity especially Indonesia on facing and surviving in free tradearea. With high flow of trade activities—in the context of internationaltrade activities—the understanding about employment law is neededon only for practitioners but also students as well as law schoolgraduates. The employment law clinic offers legal advice to members ofthe community on a wide array of employment matters. This service iscritical, particularly at a time when the introduction of employment feeshave caused an alarmingly significant drop in claims. This translates toan increase in non-litigated violations of employment law due tofinancial barriers. The paper would examine three main things, first howwas an employment law clinic in law school legal education as a priorbasic understanding to face AEC era, second how an employment lawclinic can be used by students to establish and increase their capacity inthe context of employment matters, and third how this clinic willprovide a legal service in international trade law context as well asconcerning to labor and employment law. The paper focus onemployment law matters, such as illegal deduction of pay case,employment discrimination, unfair dismissal, zero-hour contract, tradeunion freedom in regional Southeast Asia. The paper emphasized thatthe clinic was need to involve some companies and governments aspartner, as well as the practitioners and lawyers.
Perlindungan Buruh Migran Indonesia di Korea Selatan di Masa Pandemi Covid-19: Protection of Indonesian Migrant Workers in South Korea during the Covid-19 Pandemic Sulistiyono, Tri; Arifin, Ridwan; Wedhatami, Bayangsari; Damayanti, Ratih
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.719

Abstract

The number of Indonesian migrant workers placed in South Korea in recent years has tended to increase. In 2018 there were 6,921 workers placed in South Korea in various sectors. This number increased from the previous year which only 3,719 people. The placement scheme is carried out through a Government to Government (G to G) cooperation scheme between the two countries through the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI) and South Korea’s Employment Permit System (EPS). The study intends to examine, analyze, and explore more about the policy of placing Indonesian workers in South Korea as well as various legal protections provided by the South Korean government. This research is a collaborative research initiated through the G-to-G program by the Faculty of Law, Universitas Negeri Semarang, and the South Korean government. This research involved the Study Center and Labor Law Clinic of the Faculty of Law of UNNES, the Center for Legal Drafting, Policy and Development at the Faculty of Law of UNNES, Hankuk University of Foreign Studies Hankuk College of Law, and Law Research Institute Hankuk University of Foreign Studies. This research is empirical legal research, where the research was carried out in two countries: Indonesia and South Korea. The purposes of the research are to: (1) to investigate the effectiveness of national and international law instrument on the protection to migrant workers in South Korea, (2) to identify the specific policies on South Korea for Southeast foreign workers as well as Indonesian migrant workers, and (3) to analyze the cooperation both South Korea and Indonesia on sending migrant workers. The research will be carried out for eight months in two countries. Research in Indonesia will be focused on Jakarta (in several labor related institutions), while in South Korea it will focus on the Hankuk University of Foreign Studies, the Indonesian Embassy in South Korea, the Association of Indonesian Workers in South Korea, the South Korean Student Association of Indonesia (Perpika), and Human Resources Development Service of Korea.
PERAN PENGADILAN DALAM PROSES EKSEKUSI PUTUSAN YANG BERKEKUATAN HUKUM TETAP DI PENGADILAN TATA USAHA NEGARA SEMARAN Herlambang, Pratama Herry; Sulistiyono, Tri
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The State Administrative Court (PTUN) is a place to find the real truth about the actions of state administrative officials that are not under the General Principles of Good Governance (AAUPB), for people whose interests and rights are taken away by parties who are deemed to be acting arbitrarily against other parties. The decisions that have been produced during the proceedings at the PTUN will undoubtedly have an impact which is expected to make a positive contribution in formulating a system of legal protection that is just, harmonious, and under the State Administrative Court Law and the 1945 Constitution of the Republic of Indonesia as the basis of the Indonesian state.
POLA SANKSI ADMINISTRATIF BAGI PERUSAHAAN PENYEDIA JASA TENAGA KERJA INDONESIA TERHADAP PERLINDUNGAN BURUH MIGRAN INDONESIA DI LUAR NEGERI Sulistiyono, Tri; Herlambang, Pratama Herry; Salsabila, Masyita Isnadya Risky
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The same significant risk also overshadows the lure of high wages to be a migrant worker abroad. The number of workers moving from home to foreign countries is increasing. The high risk and high interest cause migrant workers to be vulnerable to being deprived of their rights; therefore, they need to be protected by the state. This study seeks to examine the application of the pattern of sanctions obtained by companies providing labor services as migrant workers and protection for Indonesian migrant workers. The research was conducted using an empirical juridical approach where the reality that occurred in the field was studied and compared with the applicable legal provisions. The aim is to find out the legal protections for migrant workers and the sanctions for Indonesian Manpower Service Providers.
An Employment Law Clinic: Developing of Student's Capacity through Clinical Legal Education in Employment Matters on ASEAN Economic Community Era Sulistiyono, Tri; Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20722

Abstract

The legal clinic, a pivotal component of law school programs, offers law students valuable practical experience while providing pro bono legal services to diverse clients. In the context of the ASEAN Economic Community (AEC) Era, the challenges posed to regional communities, especially Indonesia, in navigating a free trade area underscore the importance of legal education in employment law. Given the heightened trade activities, a profound understanding of employment law becomes essential not only for practitioners but also for students and law school graduates. In response to the changing landscape, an employment law clinic emerges as a crucial resource, offering free legal advice on various employment matters to address the escalating drop in claims due to the introduction of employment fees. This service becomes indispensable in mitigating non-litigated violations of employment law resulting from financial barriers. This paper explores three key aspects: first, the role of an employment law clinic in law school legal education as a foundational preparation for the AEC era; second, its utilization by students to enhance their capacity in employment matters; and third, its provision of legal services in the international trade law context, particularly focusing on labor and employment law issues. Emphasizing employment law issues such as illegal pay deductions, employment discrimination, unfair dismissal, zero-hour contracts, and trade union freedom in Southeast Asia, the paper advocates for collaboration between the clinic, companies, governments, practitioners, and lawyers to ensure its effectiveness and relevance.
POLA PENYELESAIAN PERSELISIHAN BAGI PEKERJA TERDAMPAK PEMUTUSAN HUBUNGAN KERJA BERLANDASKAN HUBUNGAN INDUSTRIAL PANCASILA Tri Sulistiyono; Iwan Sulistiyo; Bayangsari Wedhatami; Pratama Herry Herlambang; Suwinda Suwinda; Aisyah Putri Arsya; Dwi Pangestu Khoirunisa
Hukum dan Politik dalam Berbagai Perspektif No. 2 (2023)
Publisher : Hukum dan Politik dalam Berbagai Perspektif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/hp.v1i2.162

Abstract

Hubungan industrial Pancasila merupakan hubungan antara pemerintah, pengusaha dan pekerja yang didasarkan pada ideologi Pancasila, dengan ini selayaknya dalam pembentukan aturan yang mengenai ketenagakerjaan juga didasarkan pada Pancasila dan UUD 1945. Undang-Undang tersebut menggambarkan cita-cita hukum pekerja Indonesia yang sejalan dengan pembangunan nasional sistem ideologi Pancasila agar seluruh elemen baik pekerja, pengusaha merasakan kesejahteraan sebagaimana yang di cita-citakan seluruh masyarakat Indonesia. Karena tenaga kerja merupakan faktor yang paling kritis dalam sektor pembangunan nasional, maka sudah sepantasnya peraturan yang mengatur tentang tenaga kerja selalu di bahas dan menjadi sorotan baik pemegang kebijakan, akademisi dan para pekerja Indonesia. Bidang ketenagakerjaan masuk dalam salah satu pembahasan dalam Undang-Undang cipta kerja yang di gagas pada pemerintahan presiden Joko Widodo namun terdapat degradasi nilai kesejahteraan bagi pekerja di Indonesia, ada beberapa pergeseran muatan tentang Ketenagakerjaan, diantaranya mengenai Tenaga Kerja Asing (TKA), Perjanjian Kerja Waktu Tertentu (PKWT), alih daya (outsourcing), upah, dan sebagainya. Penelitian ini dilaksanakan di Kabupaten Brebes. Tujuan dari penelitian ini adalah untuk dapat di jadikan acuan para pemangku kebijakan sebagai bahan judicial review agar terwujud kesejahteraan bangsa.
Strengthening the Role of Community in Improving the Quality of The Manpower Sulistiyono, Tri; Herlambang, Pratama Herry; Khoirunisa, Dwi Pangestu; Sabri, Ahmad Zaharuddin Sani Ahmad
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23316

Abstract

The quality of labor resources in a country is an important part of development. A qualified workforce will encourage the acceleration of development in an effective, efficient, and competitive manner. In addition, a qualified workforce will also encourage massive economic growth. However, in improving the quality of the workforce, there are still many challenges, one of which is related to the distribution of skills and competencies of workforce certification. This study aims to analyze strategies and patterns of improving the quality of the workforce through community and community strengthening. This study is part of a community service program in the Gunungpati area, Semarang City, Indonesia. Such an approach is expected to support the validity of the devotion results as a helpful output. Observation will be carried out using field studies about the subject matter studied. This devotion uses socialization, games, and motivational training as an effective strategy to instill awareness in the target audience of the dangers and threats to tax blindness as well as the importance of public awareness of the importance of tax payments, not only for themselves but for the state, to ensure the fulfillment of the rights of the community, mainly traders and entrepreneurs as fellow citizens will be increasingly guaranteed and accountable.
A Legal Analysis of Paternity Leave Rights Policy in Law Number 4 of 2024 from a Gender Justice Perspective Sabbichis, Najma Fadhilatul; Sulistiyono, Tri
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.31555

Abstract

This study examines the paternity leave policy as stipulated in Law Number 4 Year 2024 on Maternal and Child Welfare with a gender justice approach. While the law provides leave for male workers to accompany their wives, the duration of leave available is limited and does not fully reflect the principle of gender equality. This study examines the legal aspects of the paternity leave provision, including comparing it with similar policies in other countries and identifying implementation constraints caused by patriarchal culture and unequal treatment between workers in the public and private sectors. The findings show that the paternity leave policy in Law No. 4 of 2024 needs to be expanded both in terms of time and scope in order to increase the active role of fathers in childcare and support the creation of gender equity in the work and family environment. This study recommends more comprehensive and inclusive policy reforms, as well as cultural change efforts to remove traditional gender stigmas that hinder the effective implementation of paternity leave.
The Government's Role in Legal Protection of Workers on Fixed-Time Employment Agreements in the Context of Boycotting Pro-Israel Products Andrian, Yasmine Putri; Sulistiyono, Tri; Deswinta, Shinta Widi
PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i2.18570

Abstract

Introduction: Boycotts of products associated with support for Israel can have an impact on business and employment, especially for workers with Fixed-Time Employment Agreements. Purposes of the Research: This study discusses the role of the government in providing legal protection for Fixed-Time Work Agreement workers in the midst of the boycott, with a case study on Starbucks Coffeeshop in Semarang City. The phenomenon of boycotts often affects the sustainability of the business and the stability of the workforce, especially Fixed-Time Employment Agreements workers who are more vulnerable to Termination of Employment. Methods of the Research: This study uses an empirical juridical method with a qualitative approach, examining labor regulations and the implementation of legal protection policies for Fixed-Time Work Agreements workers in situations of business uncertainty due to boycott actions. Results Main Findings of the Research: The results of the study show that labor regulations have regulated protections for Fixed-Time Work Agreement workers, including the right to compensation upon termination of employment. However, there is still room for improvement, especially in the aspect of supervision and law enforcement, so that every Fixed-Time Work Agreement worker can obtain his rights fairly and in accordance with applicable regulations. The government has a strategic role in ensuring that workers' rights remain protected, both through labor policies, industrial relations mediation, and the provision of legal aid for workers affected by Termination of Employment. The study recommends strengthening regulations and oversight to ensure more effective protections for Fixed-Time Employment Agreements workers amid the impact of boycotts on the employment sector.
BATASAN DAN MEKANISME PENERAPAN SANKSI PIDANA PERPAJAKAN DI INDONESIA DALAM PERSPEKTIF ASAS ULTIMUM REMEDIUM Safitri, Eka Ayu; Damayanti, Ratih; Sulistiyono, Tri
Jurnal Hukum Statuta Vol 4 No 3 (2025): Volume 4, Nomor 3, Agustus 2025
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v4i3.11160

Abstract

This study examines the limitations and mechanisms of the application of criminal sanctions against taxpayers who violate tax provisions in Indonesia, and evaluates the application of the ultimum remedium principle as the principle of "criminal sanctions as a last resort." Using a qualitative legal-normative approach with a descriptive-analytical method, data was collected through a documentation study of primary sources (Law 7/2021 in conjunction with Law 6/2023 concerning KUP, KUHAP, KUHP) and secondary sources (scientific journals 2020–2025, textbooks, DGT guidelines). Normative-dogmatic analysis reveals that the KUP Law explicitly separates administrative and criminal sanctions without setting a minimum loss threshold for criminal prosecution, so that tax officials tend to use criminal sanctions only for high-value cases. The legal-theoretical study explains that the ultimum remedium principle is accommodated through provisions such as Article 8 paragraph (3) and Article 44B of the KUP Law, but in practice it still encounters inconsistencies and broad discretion. Synthesis of findings indicates the need for quantitative guidelines for loss thresholds, reintegration of the “first-time offender” protocol, and harmonization of the Criminal Procedure Code with the principle of criminal subsidiarity. These recommendations are expected to strengthen the implementation of the ultimum remedium principle, ensuring that criminal sanctions are truly the last resort in enforcing fair and proportional tax law. Keywords: Taxation; Ultimum Remedium; Criminal Sanctions; KUP Law; Criminal Law