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Journal : Journal of Social Research

Legal Certainty in Law Number 8 of 2016 Concerning Persons with Disabilities in Industrial Relations Sudradjat, Mohamad Adya Laksmana; Santiago, Faisal
Journal of Social Research Vol. 2 No. 10 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i10.1401

Abstract

Article 1 point 1 of the Law on Persons with Disabilities explains that Persons with Disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations for a long time in interacting with the environment may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. Based on the description above, the problem is how is the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities in Industrial Relations? The research method used is normative juridical and empirical juridical. Legal certainty in Law Number 8 of 2016 concerning Persons with Disabilities in industrial relations based on the results of an interview with Mr. Agung as Director of Human Capital PT. Semen Indonesia Group, it can be concluded that there has never been an industrial relations dispute between employees with disabilities and the Company, and to date, there has never been a layoff from the Company. This is by the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities which requires efforts to regulate law in legislation made by authorized and authoritative parties so that these rules have a juridical aspect that can guarantee certainty that the law functions as a rule that must be obeyed.
Current Study Concerning Parental Authority to Educate Children Reviewed Against the Provisions of the Child Protection Law in the Modern Era Zakaria, Taufan; Santiago, Faisal
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1638

Abstract

This research examines the current authority of parents in educating children, with a focus on the provisions of the Child Protection Law in the modern era. The research method was carried out through text analysis and literature studies related to legal provisions relating to the role of parents in educating children. At the discussion stage, the research identified the dynamics of parental authority involving aspects of children's freedom, human rights, and socio-cultural changes in the modern era. This study examines the concepts of appropriateness and relevance of the provisions of the Child Protection Law in accommodating the needs and rights of children to receive a balanced and quality education. Article 1 paragraph (1) of the Child Protection Law (No. 35 of 2014) states that children have the right to protection, care, and self-development so that they can live, grow, and develop optimally. The research results show that a deep understanding of these articles is crucial for maintaining a balance between children's rights and parental authority in the dynamic modern era. This research contributes to legal and educational literature, by presenting the latest views regarding the role of parents in educating children amidst the changing dynamics of modern society. Practical implications include recommendations for improving understanding and implementation of legal provisions, as well as educational approaches that support children's participation in their educational process.
Challenges and Prospects for Replacement Money in Addressing Corruption Crimes in the Indonesian Corporate World Palar, Hari; Santiago, Faisal
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1639

Abstract

This research examines the challenges and prospects of implementing replacement money in tackling criminal acts of corruption in the Indonesian corporate world. The research method was carried out through a normative juridical approach by analyzing related laws, case studies, and interviews with legal and business practitioners. The discussion begins by exploring the legal context, especially Article 18B of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001. The results of the research show that the application of replacement money as a legal instrument has significant prospects in providing a deterrent effect. and recover state losses. However, challenges arise in implementation practices, especially regarding the availability of accurate financial data and the company's ability to pay replacement money. Article 18B which provides the legal basis for the application of replacement money also requires further clarification to ensure consistency and effectiveness in handling corruption cases in the corporate world. The research results show that although replacement money has prospects in overcoming criminal acts of corruption in the business sector, additional steps are needed to increase its effectiveness. Recommendations include increasing cooperation between law enforcement agencies and companies, as well as expanding the scope of regulations to cover more aspects of business practices that have the potential to become a venue for corrupt practices. This research contributes to detailing the challenges and prospects for implementing replacement money as a legal instrument in the context of criminal acts of corruption in the Indonesian corporate world.
Optimizing the Recruitment Process of Constitutional Judges to Enforce Independence and Legal Justice in Indonesia Soedirjo, Achmad Taufan; Santiago, Faisal
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1651

Abstract

This research aims to analyze and propose optimizing the recruitment process for Constitutional Judges in Indonesia to uphold independence and legal justice. The research method used is the normative juridical method, which emphasizes the analysis of legal norms related to the recruitment process for Constitutional Judges. The discussion involves an in-depth review of relevant statutory articles, such as the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Law, and other implementing regulations. In the discussion process, it was discovered that there was a need for increased transparency, public participation, and stricter selection criteria to ensure the integrity of Constitutional Judges. Certain articles, such as Article 24B of the 1945 Constitution, underline the importance of maintaining the independence of Constitutional Judges as guardians of the Constitution. The results of this discussion state that reforms in the recruitment process need to be carried out to ensure that the selected judges have high capacity and integrity. This research concludes that by optimizing the recruitment process for Constitutional Judges, the independence of the institution can be strengthened, as well as increasing public confidence in legal justice. It is hoped that increasing transparency and public participation can produce Constitutional Judges who can maintain justice and the sustainability of the Indonesian legal system.