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EVOLUSI HAK PEKERJA DI ERA DIGITAL: PRAWACANA RIGHT TO DISCONNECT DI INDONESIA Sayid Muhammad Rifqi Noval
Jurnal Bina Mulia Hukum Vol. 6 No. 2 (2022): Jurnal Bina Mulia Hukum Volume 6 Nomor 2 Maret 2022
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jbmh.v6i2.637

Abstract

ABSTRAK Bagi seorang pekerja saat ini, waktu kerja tidak selalu berakhir ketika telah meninggalkan kantor. Pekerja dalam berbagai profesi kerap menerima komunikasi elektronik dari klien, kolega dan pimpinannya sepanjang waktu, termasuk pada akhir pekan maupun hari libur. Walaupun pekerja secara fisik telah meninggalkan kantor, namun tidak serta merta pekerja turut meninggalkan pekerjaannya. Pandemi Covid-19 turut kembali menguatnya keterhubungan pekerja dengan serangkaian instruksi pengusaha. Hal ini sesungguhnya telah mencederai hak dasar pekerja, bahkan merusak iklim ketenagakerjaan yang berorientasi pada keseimbangan kehidupan pribadi dan pekerjaan. Right to disconnect dapat menjadi salah satu alternatif yang dapat diadopsi sebagai solusi dini. Tiga nilai utama Right to Disconnect adalah: (1) ) hak pekerja untuk tidak melakukan pekerjaan di luar jam kerja normal; (2) hak untuk tidak menanggung akibat negatif karena melakukannya dan (3) kewajiban pihak lain untuk menghormati right to disconnect. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan undang-undang, kasus, analitis dan perbandingan. Ditemukan kesesuaian kebijakan Right to Disconnect yang diberlakukan oleh Perancis, khususnya mengenai serikat pekerja, peraturan perusahaan serta sanksi. Kata kunci: hak digital; jam kerja; right to disconnect. ABSTRACT For current employees, working time does not always end when they leave their office. Employees from various professions often receive electronic communications from clients, colleagues and bosses all the time, including on weekends and holidays. Even though the employee has physically left the office, it does not mean the employee leave their job. The Covid-19 pandemic has also strengthened the relationship between employees and a series of employer instructions. This actually has violated the basic rights of employees, and even damaged the workforce climate which is oriented towards the balance of personal life and work. Right to disconnect can be an alternative that can be adopted as an early solution. The three main values of Right to Disconnect are: (1) the right of workers not to work outside normal working hours; (2) the right not to endure negative consequences for doing it and (3) the obligation of other parties to respect the right to disconnect. The research method used was juridical normative with a statute approach, case approach, analytical approach, and comparative approach. It was found that the suitability of the Right to Disconnect policy imposed by France, particularly regarding labor unions, company regulations and sanctions. Keywords: digital right; right to disconnect; work hours
PEMIDANAAN KEBIRI TERHADAP PELAKU KEJAHATAN SEKSUAL KEPADA ANAK PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM Ahmad Jamaludin; Sayid Mohammad Rifqi Noval
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 14, No 2 (2020): ADLIYA : Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v14i2.10135

Abstract

Sexual crimes in Indonesia have become increasingly worrying, especially against children, efforts to protect child victims by the government with Perpu No.1 of 2016 which has been passed into Law Number 17 of 2017 concerning child protection. This Perpu provides for additional regulations with castration for sexual crimes against children. The making of this policy was tinged with pros and cons because it was not in accordance with the objectives of punishment and Islamic law. The research method used is normative juridical with quantitative analysis. The purpose of this research is to see the view of the purpose of the punishment of chemical castration which is released to perpetrators of sexual crimes and to see and explain the Islamic legal views of the act of castration. The results of this study are First, the implementation of castration is an act of violence and contrary to the 1945 Constitution, namely Article 28 G paragraph 2 and Article 33 paragraph 1 of Law No. 39 of 1999 concerning Human Rights. Both Islamic Laws do not speak in writing about castration. The castration penalty stipulated in Law 17 of 2016 is a prohibition which is categorized as a punishment for takzir, because it is made by the state or leaders to overcome sexual crimes against children. The conclusion of this research is that first, castration punishment is a punishment that can violate human rights. Second, castration punishment in Islam is categorized as takzir punishment.
Oversharing and its Impact for Children: A Comparative Legal Protection Sayid Muhammad Rifqi Noval
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5257

Abstract

This study aims to identify the potential threat for children resulting from the intense personal data overshare in cyber-space and examine its legal protection. This study uses descriptive qualitative with a case, comparative and conceptual approaches. The primary legal material used in this study is Law No. 44 of 2008 on Pornography (Pornography law) and Law No. 11 of 2008 on Information and Electronic Transaction (ITE law), last amended by law No. 19 of 2016 on the Amendment of Law No. 11 of 2008. The secondary legal material used in this study includes books, journals, and related articles. The result shows that threats resulting from the overshare lead to various offenses like cyberbullying, pedophile threats, identity theft, identity manipulation, deepfake, and cyberstalking. In Indonesia, the legal protection of the children cyber offense victim does not specifically regulate. While learning from several countries, such as the U.S, Canada, France and the U.K, have stipulated the provision regarding children’s protection, especially in cyber-space. Through this study, the author proposed the appropriate regulation to tackle the issues of cyber offense for children in Indonesia by complementing the existing regulation regarding the limitation of oversharing of data in the cyber-space.
Kiai's Leadership In Empowerment Of People (Case Study At Al-Hidayah Islamic Boarding School Cikalong Tasikmalaya) Deni Permana; Ulfiah; Deti Rostini; Sayid M. Rifki Noval
IJGIE (International Journal of Graduate of Islamic Education) Vol. 3 No. 2 (2022): September
Publisher : Departement Of Master Of Islamic Education Graduate Programme Sultan Muhammad Syafiuddin Institute Of Islamic Studies Sambas, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/ijgie.v3i2.1298

Abstract

The kiai's activities give rise to diverse views among the people. Several factors are behind the differences in views, including the leadership factor. One of the reasons for this gap between the kiai is the lack of awareness of the kiai in administrative matters in the organization, so that a new breakthrough is needed for the kiai, namely by making efforts to empower the people. This research is a qualitative research, a research that aims to reveal an event, phenomenon, activity, and perception of others in a certain social context. Socio-anthropological approach. Data collection techniques through interviews, observation, and documentation. The results of the study indicate that the kiai's leadership is based on social aspects including the legal-formal leadership model, namely the form of policy must be in accordance with organizational mechanisms including administrative order. Religiously, the leadership of KH. Nurdin Alhusainy as a charismatic leader, encourages other kiai to master various types of disciplines so that they can be implemented in the current context. Second, in the aspect of empowering the people, socially advocating for the people regarding civilized social concepts and actions to criticize the rulers who are not in favor of the people. In addition, in the field of religion, encourage other kiai who are affiliated with religious organizations to open themselves in dealing with religious issues on social media scientifically, not in unwise and hateful ways.
Modus Operandi dan Strategi Pencegahan Kejahatan Perdagangan Seksual Anak Secara Daring Sayid Muhammad Rifqi Noval; Soecipto Soecipto; Ahmad Jamaludin
Undang: Jurnal Hukum Vol 5 No 2 (2022)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/ujh.5.2.419-451

Abstract

As a form of human trafficking that utilizes technological developments, especially the internet, cybersex trafficking has become one of the crimes that has experienced a significant increase, especially during the COVID-19 pandemic, when most of people around the world do their activities at home. The pandemic has prompted perpetrators to take adaptive steps in the modus operandi and trap the victims. In fact, Indonesia already has a series of regulations that are expected to reduce and even eliminate the crime of cybersex trafficking. However, to support the regulation, it is necessary to have preventive measures that are not only focused on regulations, but also aspects of behavior which are the fundamental values of progressive law, as initiated by Satjipto Rahardjo. Because the presence of various terms used in cybersex trafficking as well as the development of the current modus operandi of perpetrators, it is important to direct the internet users toward behavior that can avoid the potential for being victim, so preventive measures can be effective. The priority effort offered is to encourage internet literacy so that targets and perpetrators do not meet in cyberspace, intimate communication does not occur, and then targets are not trapped and not bound to perpetrators. Additional efforts can be considered are by encouraging internet users to not publish all of their personal information on the internet and providing active parental supervision. Those efforts are then supported by strict regulation of internet platforms by the government. Abstrak Sebagai bentuk kejahatan perdagangan orang yang memanfaatkan perkembangan teknologi khususnya internet, cybersex trafficking telah menjadi salah satu kejahatan yang mengalami peningkatan signifikan terutama pada masa pandemi covid-19, ketika sebagian besar warga dunia beraktivitas di dalam rumah. Pandemi telah mendorong pelaku untuk melakukan langkah adaptif dalam modus operandi dan menjerat korbannya. Indonesia sesungguhnya telah memiliki serangkaian peraturan yang diharapkan dapat mengurangi bahkan menghilangkan kejahatan cybersex trafficking. Namun untuk melengkapinya, dibutuhkan langkah pencegahan yang tidak hanya terfokus terhadap peraturan, tetapi turut menyentuh pada aspek perilaku yang menjadi nilai fundamental dari hukum progresif, sebagaimana digagas oleh Satjipto Rahardjo. Hadirnya beragam istilah yang digunakan dalam aktivitas kejahatan cybersex trafficking serta berkembangnya modus operandi pelaku saat ini, maka langkah pencegahan akan berdampak baik jika perilaku pengguna internet diarahkan agar terhidar dari potensi menjadi korban. Upaya prioritas yang ditawarkan adalah dengan mendorong literasi internet guna menghindari bertemunya target dan pelaku di ruang maya, terutama agar tidak terjadinya komunikasi intim, agar target tidak terjebak dan terikat dengan pelaku. Upaya tambahan dapat dipertimbangkan dengan mendorong seseorang dalam membatasi publikasi informasi pribadinya di internet, serta didampingi atau di bawah pantauan aktif orang tua dan ditunjang dengan regulasi yang ketat terhadap platform internet oleh pemerintah.
Management of The Implementation of The National Curriculum Based on Islamic Boarding School Education To Improve The Quality of Madrasah Aliyah (Descriptive Analytical Study at MA Al-Masthuriyah, MA Sunanul Huda, MA Al-Amin, Sukabumi Regency) Irman Irman; Iim Wasliman; Waska Warta; Sayid Muhammad Rifky Naufal
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 1 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i1.7234

Abstract

One of the efforts to improve the quality of education is the application of a curriculum that is in accordance with the needs and developments of the times. Reality shows that the practice of national education with a curriculum that is made and structured in such a way has even been refined many times, has not been able to present an Indonesian human figure with a complete personality.Efforts to achieve the quality of education as expected by all components of the nation have been carried out, including by issuing various policies that support both from an institutional perspective, human resources and the operationalization of quality implementation in schools and madrasas, including Law no. 20 of 2003 concerning the National Education System, Law no. 14 of 2005 concerning Teachers and Lecturers and PP No. 19 of 2005 concerning National Education Standards, and most recently the Minister of Education and Culture of the Republic of Indonesia Number 28 of 2016 which states that Education Quality Assurance is a systematic, integrated and sustainable mechanism to ensure that the entire process the implementation of education is in accordance with quality standards. Islamic boarding school-based schools such as MA Al-Masthuriyah, MA Sunanul Huda and MA Al-Amin in Sukabumi Regency implement education by combining general education and religious education into one curriculum building. With this approach, all formal school subjects and activities cannot be separated from the frame of teachings and messages of Islamic values. There is no dichotomy, separation, and secularization where lessons and all discussions are separated from Islamic values and teachings, or "sacredization" where Islam is taught regardless of the context of the benefit of present and future life. Based on the phenomenon above, the researcher is interested in conducting research on the Application of Islamic Boarding School-Based National Curriculum Management to Improve the Quality of Madrasah Aliyah (Analytical Descriptive Study at MA Al-Masthuriyah, MA Sunanul Huda and MA Al-Amin, Sukabumi Regency). This study aims to examine the management of the implementation of the national curriculum at Islamic boarding schools based on Madrasah Aliyah. The approach used in this study is a qualitative approach. The method used is descriptive analytical method, in which the researcher will describe and then analyze in depth the research findings. Sallis stated, to measure quality education, of course, criteria/indicators are needed. Sallis revealed that there are many indicators of good quality in educational institutions, including: 1) upholding moral values; 2) very satisfactory test results; 3) support from parents, place of business and the surrounding environment; 4) abundant resources; 5) application of the latest technology; 6) strong leadership and clear vision; 7) care and concern for students; 8) a balanced and relevant curriculum. Based on the findings, interpretations and discussion, the general conclusion regarding Management of Implementation of the National Curriculum Based on Islamic Boarding School Education at MA Al-Masthuriyah, MA Sunanul Huda, MA Al Amin has been implemented, but has not yet had an optimal impact. The management of implementing the national curriculum based on Islamic boarding schools is still constrained by internal and external constraints. The internal obstacle is the low understanding, skills and motivation to make improvements to the curriculum itself because the teacher's understanding of the integrated curriculum is still not optimal. External constraints are also marked by the low level of supervision from the local Ministry of Religion.
DUMPSTER DIVING THREAT IN PERSONAL DATA LEAKAGE CASE IN INDONESIA Sayid Muhammad Rifki Noval; Soecipto Soecipto; Ahmad Jamaludin; Erna Listiawati
International Journal of Ethno-Sciences and Education Research Vol 3, No 2 (2023)
Publisher : Research Collaboration Community (RCC)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijeer.v3i2.419

Abstract

It is a big job for law enforcement to be able to deal with fraud crimes and data leaks that are increasing at this time. Social engineering attacks are considered to be one of the modes used by perpetrators in carrying out their actions. If the current prevention efforts always link social engineering with phishing, an activity that is closely related to technological sophistication, it is necessary to know another form of social engineering that deserves attention, namely dumpster diving. A term that describes the activity of “scavenging” a target's trash in search of valuable information. Dumpster diving is often underestimated because some people think that if the waste that has been disposed of will not be used by others, it will even have a threatening impact. The habit of throwing away records and documents without being destroyed makes it a target for perpetrators to collect information which will then be used in attacking their targets. Several countries have considered regulating the designation of waste that has the potential to be misused, including regarding the security of personal data. Therefore, this article aims to provide an alternative policy for the Indonesian government, in order to consider the issuance of regulations that protect victims who are affected by losses due to the use of waste by perpetrators.
The Use of Audio Visual Media In Improving The Quality Of PAI Learning In SMA Negeri City Of Bandung Neneng Maemunah; Iim Wasliman; Deti Rostini; Sayid Muhammad Rifky Naufal
Journal of Social Science Vol. 2 No. 4 (2021): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (309.368 KB) | DOI: 10.46799/jss.v2i4.181

Abstract

The background of the research is based on basic problems including audio-visual learning media as a support for the learning process in the world of education that is not optimal, lack of human resources and rapid technological developments, the readiness of the world of education itself must be able to balance and harmonize the system in optimizing the process of educational activities. The general purpose of this research is to find an overview of Computer-Based Learning Management in Improving the Quality of Student Learning Outcomes. The focus of the objectives is specifically to seek an overview: 1) Planning; 2) Organizing; 3) Implementation; 4) Supervision; 5) Problems; 6) Future Efforts; and 7 Results of Audio Visual Learning Media in Improving the Quality of PAI learning. Audio Visual Learning Media Theory is the basis of this research. The research procedure is determined by the determination of qualitative methods, through the process of: 1) Observation; 2) Interview; 3) Documentation. Which is developed through the triangulation process. The findings of the study of Audio Visual Learning Media Management in Improving the Quality of PAI Learning. Includes the process 1) Planning, its implementation in accordance with the development of computer-based learning is still within the scope of the process as the implementation of educational activities and has not been developed in full planning to support student learning outcomes; 2) Organizing, showing that the pattern of supporting human resources in the proportion of audio-visual learning media development is not in line with the developments currently needed. 3) Implementation, operation of audio-visual learning media only builds competence for the introduction of Information and Communication Technology in general without being developed with the application of the system in the educational environment itself 4) Supervision, specifically in building computer-based learning systems, mechanisms for implementing computer systems have not yet been built themselves in building student learning outcomes. 5) Problems, the readiness of Human Resources, facilities and systems for computer-based learning mechanisms themselves have not been developed; 6) Future Efforts, waiting for the policy to become the basis for determining the operational form in building a computer-based learning process unit and 7) Results, which are the consequences of the pattern of supporting infrastructure facilities that are needed with a balance of supporting human resources in it and this has not been built in unit for implementing educational activities at the Research locus. In conclusion, optimizing the form of application of the use of audio-visual media in improving the quality of PAI learning. Students are needed in building the quality of student learning outcomes where information is developed through broad literacy development supported by balanced skills in utilizing and developing computer-based learning systems so that knowledge is built in developing knowledge. itself and the technology in it.
Strategy for Improving The Quality of Ibtidaiyah Madrasah Teachers In The Ministry of Religion, Bandung City Nani Rohaeni; Ulfiah Ulfiah; Achmad Mudrikah; Sayyid Muhammad Rifqi Noval
Journal of Social Science Vol. 2 No. 4 (2021): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.36 KB) | DOI: 10.46799/jss.v2i4.182

Abstract

This research aims to find out the penomena investigated, about the strategy of improving the quality of madrasah ibtidaiyah teachers in the ministry of religion in Bandung. This study uses qualitative approach with descriptive method. This research was obtained through observation techniques, interviews and documentation. Then analyzed using data reduction stages, data display, and data cocclusion. Based on the results of the study showed, that: 1) The objectives of these three Madrasahs refer to the vision of their respective school missions, 2) The implementation in general has been equally conducting activities in accordance with the planned program,3) The problems faced by these three MIS are almost the same, namely related to some teachers who are less competent, minimal financing and inadequate infrastructure 4) As for the solution by Coordinating with other Teachers, Coordinating with the Foundation and Committee, Coaching of Supervisors/PenMad and Active in kkg (Teacher Working Group).
Strategy Management of Dakwah Education in the Era of the Industrial Revolution 4.0 Atep Jalaludin; Ulfiah Ulfiah; Achmad Mudrikah; Sayyid Rifki Noval
Journal of Social Science Vol. 2 No. 6 (2021): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.924 KB) | DOI: 10.46799/jss.v2i6.248

Abstract

challenges to the da'wah movement and da'wah education in the very complex industrial 4.0 era, including; Da'wah runs very normatively, does not pay attention to the actual situations that exist in society, da'wah runs stagnant and is unable to answer real problems in society, and there is still a lack of application of da'wah strategies, including da'wah that involves a da'wah organization. Therefore, there is a need for strategic management of da'wah and da'wah education, so that the existence of da'wah is not displaced in this 4.0 industrial era. The purpose of this research in general is to obtain an overview, describe, and reveal this research. The focus of the specific objectives is to obtain an overview of 1) environmental analysis, 2) strategy formulation, 3) strategy implementation, 4) evaluation and control, and 5) supporting and inhibiting factors of this research. The research procedure uses qualitative methods, through the process: 1) Observation; 2) Interview; 3) Documentation. Which was developed through the triangulation process, processed using descriptive logic analysis. The findings of this study include 1) environmental analysis carried out in two stages, namely: internal environmental analysis which includes components of strengths and weaknesses that are owned and faced, and external environmental analysis with two main components, namely opportunities and challenges/threats, 2) strategy formulation is carried out systematically. systematic with elements consisting of vision, mission, goals, policies, and main strategies in the application of this research. 3) strategy implementation is the process of realizing a strategy formulation which includes programs, budgets, and procedures, 4) evaluation and control of the program implementation of this research is a control measure from the start of the program being compiled, then implemented and the program ends, and 5) human resources (HR) is a factor supporting the implementation of this research and the mindset of the management who still doesn't understand is the obstacle.