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Tanggung Jawab Pemerintah Daerah Terhadap Pekerja Anak Doni Natar; Saartje Sarah Alfons; Ronny Soplantila
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10909

ABSTRACT: Child labor is an important and complex issue in many countries, including Indonesia. The responsibility of local government in protecting the rights and welfare of child workers is a major concern. This study aims to analyze the considerations that must be made by local governments in addressing the problem of child labour. Local government can play a significant role in protecting the rights and welfare of child workers. These steps need to be supported by strong political commitment, adequate resource allocation, and synergy between all relevant stakeholders. The results of the research show that local governments have an important responsibility in protecting child labour. The consideration that must be made by the local government is to ensure that there is effective supervision in protecting child workers. This involves close monitoring of industries that have the potential to employ children, as well as strict law enforcement against violations of child labor rights and local governments must also adopt clear policies and regulations to protect child labour. This involves drafting regulations that limit access and prohibit child labor in hazardous industries, as well as providing protection and access to education and health.

Implikasi Pengaturan Tenaga Kerja Asing Dalam Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Terhadap Eksistensi Tenaga Kerja Lokal Muhammad Zainuddin; Saartje Sarah Alfons; Ronny Soplantila
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12049

The development of globalization can trigger an outflow and influx of foreign nationals in a country. This is reinforced by the country's investment policy which makes the need to use foreign workers (TKA) very important. The aim of this research is to discuss the impact of implementing foreign worker regulations in the law. No. 6 of 2023 concerning Job Creation on the existence of local workers.This research is normative juridical research carried out using a statutory approach, conceptual approach and case approach. Results of the Research: The latest regulations regarding licensing for the use of foreign workers regulated in the Job Creation Law have experienced a shift from the field of criminal law to the field of administrative law. The legal ratio of the Employment Law is very different from the Employment Cluster Job Creation Law regarding controlling the use of foreign workers in Indonesia. If the presence of the Job Creation Law is to simplify the licensing process for the use of TKA, then the function of the RPTKA should be the same as IMTA, in this case the sanctions for violations of the use of TKA that do not have an RPTKA are the same as the sanctions for violations of TKA that do not have an IMTA, namely criminal sanctions and not administrative sanctions. In terms of policy, the government has removed several regulations that hamper investment progress through deregulating policies on the use of foreign workers and simplifying policies in order to support increased foreign investment in Indonesia. The impact of the deregulation policy on the use of foreign workers on local workers from a policy perspective provides losses to local workers. The deregulation policy on the use of foreign workers does not actually bring in widespread employment opportunities for local workers, on the contrary, this policy actually facilitates and legitimizes the entry of foreign workers into Indonesia.

Jaminan Sosial Tenaga kerja Bagi Mahasiswa Magang Profesi Pada Perguruan Tinggi Implementasi dari Undang-Undang Ketenagakerjaan Ronny Soplantila
SASI Vol 25, No 2 (2019): Volume 25 Nomor 2, Juli - Desember 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i2.221

Higher education will send final semester students to internships in government agencies and private companies to provide experience before entering the workforce, but in practice never pay attention to the form of protection for students, while the labor law provides space for student interns to enter into workforce social security program, for this purpose the purpose of this study is to examine whether student internships can be equated with workers and are entitled to workforce protection. Guaranteed labor protection for intern students is very important both for intern students, universities and government agencies and private companies. Because it will protect students, comfort for family students and universities will feel free from moral burdens in the event of work accidents in government agencies and private companies where the student is placed.

Penegakan Hukum Administrasi Terhadap Pengusaha Yang Tidak Membayar Upah Pekerja Yang Diskorsing Pada Proses Pemutusan Hubungan Kerja Dalam Penyelesaian Perselisihan Hubungan Industrial Londa, Claria J; Pietersz, Jemmy Jefry; Soplantila, Ronny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2497

Introduction: Employers can take action to suspend workers/laborers who are in the process of being laid off by continuing to pay wages and other rights that workers/laborers usually receive.Purposes of the Research: To analyze the absence of supervision and the imposition of administrative sanctions, triggering the non-compliance of employers related to the obligation to pay workers' wages while suspended.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical. The problem studied in this research is regarding the government's authority to supervise and provide administrative sanctions to employers who do not pay wages for suspended workers.Results of the Research: The research results show that the government has the authority to carry out supervision and provide administrative sanctions to employers who do not pay the wages of suspended workers based on data from the Manpower Service and the results of supervision carried out by labor inspectors.

Penataan Desa Adat di Kota Ambon (Legitimasi Status Negeri Secara Nasional) Lainsamputty, Natanel; Soplantila, Ronny; Nirahua, Graciano
Jurnal Saniri Vol 3, No 2 (2023): Volume 3 Nomor 2, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i2.1617

Ambon City is the capital city in Maluku Province which has a customary law community unit called the Country, in the Village Law regulations it is obligatory to organize villages into traditional villages and villages. Determination of State in Ambon City with Regional Regulation No. 9 of 2017, if viewed from the applicable laws and regulations, the determination is not in accordance with the applicable regulations, where there must be legitimacy through the code or the Traditional Village Register Number. According to the procedure, before the determination of customary villages and villages is carried out, it is necessary to determine the recognition and protection of customary law communities, because that is a requirement for being designated as a traditional village. The research method used in this paper is normative research with a statutory approach as data primary as well as by using concepts, theories as library materials which are secondary data to analyze the issue of determining the Traditional Village in Ambon City. The results of this study indicate that until now the status of the State in Ambon City is still unclear and must be adjusted to the applicable regulations.

Implikasi Putusan Mahkamah Konstitusi No 91/PUU-XXVIII/2020 Terhadap Pemenuhan Hak Pekerja Waktu Tertentu Soplantila, Ronny
Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i1.1223

After the enactment of Law No. 11 of 2020 Concerning Job Creation, there are several changes regarding the provisions of work agreements for a certain time, including changes to the period, extension and renewal of work agreements and compensation money, the workers disagree and reject this so they submit a Judicial Review to the Constitutional Court. Finally it was granted by the Constitutional Court with the issuance of decision Number 91/PUU-XVIII/2020 which stated that the formation of a work copyright law does not have conditionally binding legal force as long as it does not make changes within 2 years or in other words this decision is conditionally unconstitutional. Of course this will have an impact on workers related to legal certainty and in particular for the guarantee of the fulfillment of rights for workers. This type of research is normative legal research using the approach of statutory regulations, legal principles and expert opinion. Special attention is needed from the government, in this case legislators, to immediately make changes to the Job Creation Law, where it is hoped that these changes can accommodate the aspirations of workers

OMNIBUS LAW SEBAGAI STRATEGI PENATAAN REGULASI PERTANAHAN Lainsamputty, Natanel; Soplantila, Ronny; Hetharie, Yosia
Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v1i1.434

The Indonesian government has gone through government regimes ranging from the Old Order to the Reformation Order to date which also has an impact on statutory provisions including land policies which are constantly changing and causing overlapping of various regulations as one of the triggers for land conflicts. In order to overcome the overlapping issue of land regulations, a new breakthrough was born through the concept of the Omnibus Law from the government as a strategy and solution for structuring land regulations. Through the Omnibus Law concept, it is hoped that it can resolve land conflicts due to overlapping regulations quickly, precisely and efficiently, and can organize and harmonize various land regulations from the central to regional levels. With the effective and efficient arrangement of land regulations, it will support the improvement of the investment climate in Indonesia.

Penegakan Hukum Dalam Pemutusan Hubungan Kerja Ditingkat Tripartit Pardjer, Yolanda; Pattipawae, Dezonda Rosiana; Soplantila, Ronny
Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2176

Termination of Work Relations at the Tripartite Level is not accompanied by collaboration between mediators and labor inspectors, the implementation of supervision, and the application of administrative sanctions which causes the absence of protection to the rights of workers/laborers. The method used in analyzing and discussing the problem is normative. The problem studied in this research is about the form of collaboration between mediators and labor inspectors in fulfilling law enforcement in the process of resolving industrial relations disputes between workers/laborers and employers through the tripartite level. As well as supervision and imposition of administrative sanctions to minimize violations that occur in the company, especially for the problem of termination of employment. The results show that the government through mediators and labor inspectors can collaborate with employers who terminate employment, as well as Law Enforcement through supervision and imposition of administrative sanctions on employers who terminate employment at the tripartite level.

Pengawasan Terhadap Alat Peraga Kampanye Dalam Penyelenggaraan Pemilu Nurlaili, Maulida Resti; Alfons, Saartje Sarah; Soplantila, Ronny
Jurnal Saniri Vol 5, No 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2513

This article examines the implementation of supervision by the General Election Supervisory Agency (Bawaslu) in the 2024 Presidential and Vice Presidential Elections, especially in the implementation of the campaign. The campaign period in holding elections is one of the important stages in political contestation so it is vulnerable to violations, especially when its implementation involves many parties and the masses. The campaign violations that often occur are administrative violations. Republic of Indonesia General Election Supervisory Agency Regulation Number 11 of 2023 concerning Supervision of General Election Campaigns. According to Law Number 7 of 2017 concerning General Elections, it is stated that general elections, hereinafter referred to as Elections, are a means of implementing people's sovereignty which is carried out directly, publicly, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia. Indonesia in 1945. In the implementation of elections, many violations were found. It is not surprising that the Central Bawaslu and Panwaslu in the regions have a lot of evidence of violations committed by election organizers, participants and implementers.The method used in this research is normative juridical using a statutory approach and a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials.Based on the results of this research, it shows that in carrying out supervision, the General Election Supervisory Body prevents violations and takes action against violations in synergy with supervision carried out at the district/city level. By focusing on the function of preventing violations, the General Election Supervisory Body prepares supervision plans based on potential vulnerabilities based on sub-stages and regions and intensively carries out outreach to the public and coordinates with stakeholders. Meanwhile, in its enforcement function, the General Election Supervisory Body collaborates with the General Election Commission (KPU), the police and the prosecutor's office. The legal consequences for campaign violators are that they can be subject to administrative sanctions in the form of warnings and even removal of props. Sanctions include imprisonment for a minimum of 15 days or a maximum of 3 months and/or a fine of at least 100,000.00 (one hundred thousand rupiah), or a maximum of Rp. 1,000,000.00 (one million rupiah).

Perlindungan Hukum Terhadap Anak Jalanan Di Kota Ambon Argubie, Jofan Junior; Mustamu, Julista; Soplantila, Ronny
Jurnal Saniri Vol 4, No 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1912

Law Number 35 of 2014 concerning Child Protection guarantees and protects children and their rights to get fulfillment, including street children. In the Ambon City Regional Regulation Number 23 of 2017 article 1 Number 54 letter I states that the government is obliged to provide protection, one of which is for street children from all forms of violence and discrimination. However, in reality what happened, the government, in this case the city service, has not optimally provided protection for street children in fulfilling the rights of street children as a child. This writing aims to analyze and discuss forms of legal protection for street children in the city of Ambon The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The authority to supervise and protect street children in Ambon city is the responsibility of the city government, in this case the Ambon City Social Service in accordance with Ambon City Regional Regulation No. 23 of 2017 concerning the Implementation and Handling of People with Social Welfare Problems to provide supervision and protection, one of which is for street children in the city. ambon. The form of legal protection for street children in the city of Ambon is carried out in a repressive way where street children are given sanctions when raids are carried out on these street children who are then sent home without any other effort in fulfilling the rights of street children whose square is as a child. Thus the city government, in this case the social services, should make various efforts to help fulfill the rights of street children, one of which is facilitating street children in Ambon city by creating a music school for street children and accommodating them in places provided by the government to show their talents. .

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