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Government Authority in Regulating Employment Relations between Employers and Workers/Laborers in Indonesia Rika Jamin Marbun; Abdurrahman Harits Ketaren; Siti Nurhayati
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 2 No 3 (2022): IJHESS-DECEMBER 2022
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v2i3.307

Abstract

The working relationship between employers and workers/labourers is civil/private in nature because it was born after the existence of a work agreement. The existence of jobs, orders and wages as elements of work relations is left to the parties. The work agreement as the basis of the employment relationship is an autonomous rule for employers and workers/laborers in exercising their rights and obligations. However, work agreements do not fully contain private elements. The position of the worker/laborer and the entrepreneur is not balanced, for example in terms of "work" and "orders" the worker/laborer is in a weak position because the employer has previously determined it according to the type of work agreed upon. Likewise the issue of "wages", even though the entrepreneur has set the amount, it may not conflict with the provisions of labor regulations. Labor is very crucial because it is one of the main pillars in carrying out national development. Therefore, a heteronomous rule is needed as a safeguard in supervising the working relationship between the parties. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules.
REVIEW OF CRIMINAL POLICY ON COUNTERING ECONOMIC CRIMES Abdurrahman Harits Ketaren
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 2 No. 1 (2021): May 2021
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.641 KB) | DOI: 10.53695/injects.v2i1.213

Abstract

The purpose of this study is to find out the development of economic crimes. Legal materials obtained in the study of literature, laws and regulations, and articles, are described and linked in such a way that it can be presented in a more systematic writing to answer the research problems that have been formulated. There is an international tendency today to pursue policies that prioritize or put forward criminal law in tackling certain crimes as a means of deterrent. Thus, the position of criminal law in anticipating violations related to administrative law can be used as 'ultimum remedium' and in certain cases certain acts can also be applied as 'primum remedium'. justification for criminalization for an offender, but still should not eliminate his human power in achieving new values and new adaptations. Therefore at the same time, the offender must be directed through various 'improvement efforts' to achieve a fuller form as a human being.
Juridical Review Of Cybercrime In The Criminal Act Of Defamation According To Ite Law And Criminal Law Abdurrahman Harits Ketaren
International Journal of Society and Law Vol. 2 No. 1 (2024): April 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i1.68

Abstract

The development of the internet is indeed extraordinary. The rapid development of internet technology has caused new crimes to emerge, such as data manipulation, espionage, sabotage, provocation, money lounding, hacking, software theft, and hardware destruction, defamation, cyberbullying, and various others. Based on the Laws and Regulations, it is known that the elements of the crime of defamation are found in the Criminal Code, namely in Article 310 and Article 27 paragraph 3 of Law Number 8 of 2011 concerning Electronic Information and Transactions. Regulations regarding the offense of defamation can be found in the Criminal Code article 310 and Laws outside the Criminal Code, namely Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law) article 27 paragraph 3 before the existence of the Electronic Transaction and Information Law No. 8 of 2011 there was a legal vacuum in which the criminal act of defamation was only regulated in the Criminal Code because of this vacuum, the Electronic Transaction Information Law was formed in order to create legal certainty when defamation was carried out in electronic media.