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IMPLIKASI UNDANG-UNDANG KETENAGAKERJAAN NO. 13 TAHUN 2003 TERHADAP IKLIM INVESTASI Uwiyono, Aloysius
Jurnal Hukum Bisnis Vol. 5 No. 1 (2016)
Publisher : jurnalhukumbisnis.com

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Implikasi Undang-Undang Ketenagakerjaan No. 13 Tahun 2003 Terhadap Iklim Investasi
IMPLIKASI HUKUM PASAR BEBAS DALAM KERANGKA AFTA TERHADAP HUKUM KETENAGAKERJAAN DI INDONESIA Uwiyono, Aloysius
Jurnal Hukum Bisnis Vol. 5 No. 5 (2017)
Publisher : jurnalhukumbisnis.com

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Implikasi Hukum Pasar Bebas dalam Kerangka AFTA terhadap Hukum Ketenagakerjaan di Indonesia
THE ROLE OF LAW IN LABOR FIELD IN THE GLOBALIZATION ERA Uwiyono, Aloysius
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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In the free market era, Indonesia (as a developing country, which has dependency to foreign investment) is under pressured by foreign investor including in the matters of regulation in the labor field. The pressing is done through the relation between standardization and international trade, which is called social clause, the place where we can dismiss the developing country’s chance to use low wages rules and soft law enforcement as cooperative advantages which at last eliminate the advanteages from international trade. Indonesia has to find out the way to solve the two big problems. First, how to make all the parties have same position in the production process for achievement of company progress and second, how to create harmonization of law in labor field between ASEAN member countries in the globalization era for preventing company relocation among ASEAN member countries themselves.
Indonesian Labor Reform Since 1998 Uwiyono, Aloysius
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The development of labor law in the world essentially influenced by the newest models in industrial relations in each county. In general, there are two models, Corporatist Model/Regulatory Model and Contractual Model. The first model frequently meets in the countries whose use the civil law like France, Netherlands, Germany, and Indonesia, while the second model frequently meet in common law countries like the United States of America’s, England, Australia, and Malaysia. Based on the two theories above, this article will discuss how the development of the reformation of labor law in Indonesia especially since the reformatioan in 1998.
LEGAL PROTECTION FOR DECEASED RECIPIENTS OF NOTARIAL WILLS Sudjono, Ira; Uwiyono, Aloysius; Pandamdari, Endang
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1145

Abstract

The objective of this study is to examine the legal protection provided to the community in relation to the copies of wills created by deceased notaries. This research falls under the category of normative law and adopts both a statutory and case-based approach. The study utilizes primary and secondary data, drawing from various legal sources including primary, secondary, and tertiary legal materials. The findings reveal that the submission of the Notarial Protocol should be completed within 30 days, accompanied by an official report signed by both the submitter (heir) and the recipient (notary). It is not uncommon for the family and heirs of a deceased notary to lack understanding of the rules and procedures pertaining to the transfer of notary protocols. This knowledge gap can be attributed to the insufficient education provided to the notary's family, heirs, employees, as well as the wider community by the notary themselves, notary organizations, and the Ministry of Law and Human Rights. Additionally, there is a legal vacuum in the judicial system concerning potential issues that may arise during the submission process of notary protocols. Therefore, it is imperative to reformulate the regulations governing the submission of notary protocols, including the implementation of sanctions for negligent heirs and temporary notary officials who fail to submit the protocols of deceased notaries. Furthermore, the introduction of electronic-based storage systems for notary protocols should be considered to ensure legal certainty for the public.
THE INFLUENCE OF THE DISRUPTION ERA IN THE CONCEPT OF LABOR RELATIONS IN THE HOSPITALITY INDUSTRY PERSPECTIVE OF EMPLOYMENT LAW Milawati, Mami; Uwiyono, Aloysius
INFOKUM Vol. 10 No. 5 (2022): December, Computer and Communication
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/infokum.v10i5.1210

Abstract

The disruption era, among others related to dynamics globalization and transformation of information technology that rapidly develop has changed the social and economic order, including changes in employment. This changes demands productivity and competitiveness of human resources as a prerequisite for Indonesian workers to play their role in the global economy. Flexible working relationships or labour flexibility is now the norm in the world of work worldwide. The government role includes improving quality of Indonesian workers to be productive and competitive, therefore direction of development policies in the manpower sector focuses on efforts to create widest job opportunities and increase protection of rights and welfare for workers, both at work until completion of the Employment Relations. Therefore, regulations are needed to be able to provide legal certainty, in order to answer the challenges and dynamics of manpower, especially on strategic issues regarding Work Relations which include implementation on Work Relations and protection regulation of workers therein.
Embassy of Foreign Country as Employer Subject to Severance Payment Obligations Yusuf, Darmawan; Agusmidah, Agusmidah; Sirait, Ningrum Natasya; Uwiyono, Aloysius
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13017

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This research examines the employment agreements between foreign state representatives and local workers that are not related to diplomatic functions and therefore do not enjoy diplomatic immunity. While industrial relations disputes typically arise between workers and company management, there have been instances of labor disputes between workers and foreign state representatives. This creates a connection between Indonesia's legal system and the principle of diplomatic immunity in international law. Despite Indonesia's ratification of the Vienna Conventions of 1961 and 1963 through Law No. 1 of 1982, there is currently no specific national legislation governing privileges and immunities. As a result, labor disputes involving diplomatic immunity are dependent on court judgments. The focus of this research is on the severance payment obligations stipulated in labor laws and the responsibility of foreign embassies as employers in Indonesia to make severance payments. The research methodology employed is normative research with a legislative approach. Through qualitative data analysis, the following conclusions were drawn: First, the existence of pension programs does not automatically negate the right to severance pay that workers should receive upon reaching retirement age. Second, the Employment Law is inconsistent in regulating severance payments and pension guarantees as they were initially regulated separately.
Harmonious Industrial Relations in Increasing Company Productivity in The Era of Globalization Marbun, Rika Jamin; Agusmidah; Uwiyono, Aloysius; Affila
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16605

Abstract

The company plays a crucial role in driving Indonesia's economy, necessitating its sustainability for competitiveness in the global era. Company productivity, which hinges on worker welfare, is vital for maintaining a company's existence. Workers valued by their company will be more productive, as company productivity starts with work productivity. Achieving this requires tranquility and industrial peace in labor relations. This research explores the connection between worker and company productivity, and how company productivity can be achieved through harmonized industrial relations and strengthened communication in the globalization era. Using a normative juridical method, examining laws and regulations, the study highlights the importance of maintaining harmonious industrial relations for work and business peace. Equalizing perceptions between employers and workers and maintaining effective communication are crucial for this goal. Enhancing company productivity begins with business tranquility and aligns with improving workers' welfare. Such conditions are essential for sustaining the company as an economic driver in Indonesia. High productivity enables companies to exist and compete in the global era.
A Juridical Study of Constitutional Court Decision No. 58/PUU-VIII/2010 on the Right to Education and Non-Discrimination in Indonesia Dewi, Sari Amalia; Uwiyono, Aloysius; Saleh, Rosdiana
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.781

Abstract

This study presents a normative juridical analysis of Constitutional Court Decision Number 58/PUU-VIII/2010, which addresses the constitutional right to education and the principle of non-discrimination in Indonesia. The decision represents a significant advancement in Indonesian constitutional jurisprudence, affirming the state’s obligation to ensure equal access to education as mandated by Article 31 of the 1945 Constitution. Using a normative legal approach, this study examines the Court’s reasoning, relevant constitutional provisions, and the decision’s broader implications for human rights and educational equity. The findings show that the Constitutional Court emphasized education as a fundamental and universal right, requiring the state to adopt affirmative measures to eliminate structural inequalities and discriminatory practices in educational policy. The decision aligns national law with international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. Overall, this study concludes that Decision Number 58/PUU-VIII/2010 strengthens Indonesia’s constitutional framework for protecting the right to education and reinforces the state’s responsibility to promote equality, inclusivity, and social justice within the education system.