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POLA SANKSI ADMINISTRATIF BAGI PERUSAHAAN PENYEDIA JASA TENAGA KERJA INDONESIA TERHADAP PERLINDUNGAN BURUH MIGRAN INDONESIA DI LUAR NEGERI Tri Sulistiyono; Pratama Herry Herlambang; Masyita Isnadya Risky Salsabila
Indonesian State Law Review Vol. 3 No. 1 (2020): Indonesian State Law Review, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v3i1.22996

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 Tri Sulistiyono; Ridwan Arifin
The Indonesian Journal of International Clinical Legal Education Vol. 1 No. 2 (2019): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i2.36335

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.
Civil Law Liability Regarding Asset Transfers for Tax Evasion Purposes Sidabutar, Theresa; Tri Sulistiyono; Ratih Damayanti
Indonesian Journal of Law Vol. 3 No. 1 (2026)
Publisher : Indonesian Journal of Law

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

Abstract

The transfer of assets by taxpayers to avoid tax obligations is a practice that has the potential to harm the state. Although it is often carried out in ways that appear formally lawful, such actions can be categorized as an abuse of law when conducted in bad faith. This study aims to examine the forms of civil legal liability arising from asset transfers undertaken to evade taxes. The research employs a normative juridical method with statutory, conceptual, and case approaches. The data used consist of primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that asset transfers motivated by tax avoidance can give rise to civil liability through mechanisms of unlawful acts based on Article 1365 of the Indonesian Civil Code, as well as through actio pauliana as regulated under Article 1341 of the Indonesian Civil Code. The state, as a tax creditor, has legal standing to file claims for the annulment of transactions that harm state tax revenues. Therefore, synergy between tax law and civil law is necessary to ensure effective law enforcement against tax avoidance practices conducted through asset transfers.