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Journal : Jurnal Akta

Legal Protection for Fixed-Term Employment Contract Patterns based on Law No. 6 of 2023 on The Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation Mario, Heru; Panggabean, Mompang L
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.39986

Abstract

Legal Protection for Fixed-Term Employment Contract Patterns based on the Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law is an interesting topic to study to provide the public with information regarding Fixed-Term Employment Contracts. This is because the sector of Fixed-Term Employment Contracts plays a very important role for workers in determining their welfare. The research method used is qualitative, with secondary legal sources utilizing normative and empirical legal research. The data obtained from the research show that both the government and society play a crucial role in shaping and supervising labor law policies. Legal protection for workers in Fixed-Term Employment Contracts must be fair and balanced between Fixed-Term and Permanent Employment Contract Workers. However, in the government's efforts to protect the workforce, there are still obstacles. It can be concluded that the regulation of Fixed-Term Employment Contracts in various laws and regulations reflects the government's ability to protect its people. These regulations must continuously be improved in accordance with the changing times, and oversight from the public is necessary as a control function to ensure that the latest regulations aim for the welfare of the people.
Sentencing in Narcotics Criminal Offenses from the Perspective of Certainty and Justice Laia, Sri Wahyuni; Panggabean, Mompang L.
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.39987

Abstract

This study investigates the sentencing practices in narcotics criminal cases, focusing on whether they align with the principles of legal certainty and justice. The central aim is to examine whether judges' rulings in such cases uphold the legal norms established in existing legislation, particularly in relation to mandatory minimum sentences and the cumulative imposition of penalties, such as imprisonment and fines. The research employs a normative or doctrinal legal method, analyzing legal statutes, court decisions, and legal commentaries related to narcotics offenses. By scrutinizing the sentencing framework, the study seeks to understand how legal norms influence judicial discretion and the extent to which sentencing practices maintain consistency with established laws. A key focus is on the potential discrepancies between in abstracto (legislation) and in concreto (court rulings), particularly when judges deviate from the minimum sentencing guidelines. This research is significant as it explores the balance between strict legal enforcement and the need for justice that considers the circumstances of each case. The findings are expected to contribute to ongoing discussions on legal reform, helping to develop a sentencing system that is both fair and consistent, ensuring that legal certainty and justice are upheld in narcotics-related offenses.