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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum indonesian Journal of Administrative Law and Local Government (IJALGOV)
Lanny Ramli, Lanny
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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The Expansion of the Absolute Competence of Administrative Courts: A Comparative Legal Study with the French Conseil d'État Al’anam, Muklis; Ramli, Lanny; Hemsanit, Natyama
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36520

Abstract

The development of legal science is very rapid, especially in the aspect of administrative law as the first law enforcement part of other laws. So that in the theory of administrative law is inseparable from human rights, therefore the State Administrative Court is very narrow in its authority in terms of competence in handling administrative cases. Meanwhile, the Conseil d'État, which is the French administrative court, has the authority that all government actions can be disputed at the Conseil d'État. So with the concept of the idea, this research uses normative research methods with a statutory approach, conceptual approach, and comparative approach. This research examines the concept of the competence of the Conseil d'État as a measure of the expansion of competence by the Indonesian state administrative court. Thus this research will conclude the idea that it is important to amend Law No. 51/2009 on State Administrative Courts and also Article 87 of Law No. 30/2014 on Government Administration which has an open norm regarding the concept of factual actions.
Rethinking the Application of the Difference Principle in Arrangements for the Distribution of Job Loss Benefits Hitaningtyas, Ratih Dheviana Puru; Subhan, M. Hadi; Ramli, Lanny; Nurwahjuni, Nurwahjuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5053

Abstract

The philosophy of organizing labor social security aims to protect workers from socio-economic risks resulting from involuntary loss of income. This includes providing protection during and after the employment relationship. Job Loss Insurance (JKP) under the National Social Security System (SJSN) is designed to offer protection to workers experiencing Termination of Employment (PHK), but workers who resign voluntarily are not entitled to benefits under Article 19 in conjunction with Article 20 of Permenaker No. 37/2021. This paper proposes reinterpreting the concept of termination and applying the Difference Principle to extend JKP benefits to workers who resign involuntarily (Constructive Dismissal) in line with the principles of organizing social security.
Co-Authors Al’anam, Muklis Hemsanit, Natyama Hitaningtyas, Ratih Dheviana Puru Nurwahjuni, Nurwahjuni Subhan, M. Hadi