Claim Missing Document
Check
Articles

Found 12 Documents
Search

Implementation Of The Principle Of Equality Before The Law In The Settlement Of Industrial Relations Disputes In The Industrial Relations Court Siti Nurhayati
International Journal of Society and Law Vol. 1 No. 1 (2023): December 2023
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v1i1.13

Abstract

The State of Indonesia is a State of law. One of the principles of the rule of law is the guarantee of the exercise of the power of an independent judicial institution, free from all interference by extra-judicial powers. The judicial power itself is an independent power, one of which is through the Principle of Objectivity which requires that dispute resolution will be good and acceptable to all parties, if carried out impartially (impartially), objectively, and fairly. The hopes above arise from the existence of the Principle of Equality Before the Law, which is one of the three meanings of the Rule of Law. The principle of Equality Before the Law arises from the modern legal system inspired by the paradigm of Positivism which assumes that the law must be objective and sterile from any influence outside the law. The implementation of the Equality Before The Law Principle in resolving industrial relations disputes at PHI is interesting for further investigation because the parties to the dispute in industrial relations are employers and workers/workers who are socially and economically clearly "not equal". The approach used in this study is the Socio-legal approach method (Socio-legal approach), which is a legal research method in addition to analyzing the implementation of the principle of Equality Before The Law in the normative law enacted, namely UU.No . 2 of 2004. Through this research, we can find the concept of industrial relations justice that is able to apply the ideal principle of Equality Before The Law.
Prevention of Child Labor Exploitation Through the Implementation of Fair Labor Laws Siti Nurhayati; Elly Asmarawati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7221

Abstract

Many companies still employ “child labor,” and the number of child workers who require a legal protection system continues to increase. This makes it highly interesting to examine and study how the legal protection of child workers from labor exploitation is actually implemented. Therefore, the central issue of this thesis can be formulated as follows: how is the implementation of labor laws carried out as a legal protection effort against the exploitation of child workers, and what obstacles and measures have been taken by the government to address child labor exploitation. This research is a type of normative juridical study, which is a library-based study focusing on secondary data, including an inventory of positive law. Based on the research results, it can be described that the existing legal protection system for child workers has not been implemented effectively. Legal violations committed by employers do not receive the appropriate legal actions due to the non-performance of labor inspection officers’ functions. Therefore, it is necessary to strive for a unified determination and coordinated actions from government officials, implementing officers, employers, parents, and all components of the nation to genuinely eliminate child labor.