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PENEGAKAN HUKUM LINGKUNGAN HIDUP DI INDONESIA ANDY TONGGO MICHAEL SIHOMBING; CHRISTINA NM TOBING
JURNAL ILMIAH MAKSITEK Vol 7 No 4 (2022): JURNAL ILMIAH MAKSITEK
Publisher : LP2MTBM MAKARIOZ

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Abstract

Environment is a gift from God Almighty for all the beings that exist in the world, where none may claim that he is entitled to it from the creatures to the other. Problems of preservation of the environment comes down to sustainability of the environment itself for the survival of all living beings is inversely proportional to the vulgarnya utilization of the environment itself. Can the law and law enforcement in Indonesia to accommodate these problems?. The writing is done by collecting materials by using a normative juridical research method. Normative juridical research is a method of legal research is done by examining library materials and secondary data which is accompanied by an analysis of the provisions of the articles in the legislation as well as the discussions of the expert environmental law from reference books selected. The results of this study lead to the conclusion that Law no. 32 of 2009 concerning the Protection and Management of the Environment as a legal umbrella for environmental administration supported by civil and criminal provisions as hurprecht is sufficiently qualified to create a sustainable living environment. However, on the other hand, there are still inhibiting factors, which require several approaches to enforcing environmental law, the spearhead of which is the need for the firmness of environmental law enforcement officials and the seriousness of the government in carrying out the mandate of the law in question.
HAK PEKERJA PASCA PERUSAHAAN DIAKUISISI CHRISTINA NM TOBING
JURNAL ILMIAH KOHESI Vol 7 No 3 (2023): JURNAL ILMIAH KOHESI
Publisher : LP2MTBM MAKARIOZ

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Abstract

The purpose of this research is to find out the rights of workers due to the company being acquired by another company according to the Labor Law before and after the Job Creation Law. This research is normative legal research, the data sources used are secondary data in the form of legislation, expert opinions, and research results. The research approach used is the statutory approach. Data analysis was carried out qualitatively. The results of the research, before and after the Job Creation Law, workers' rights in the event that a company is acquired by another company according to the Labor Law, in principle, has given equal rights to employers, where each party can choose not to continue the employment relationship (PHK) or vice versa, continue the employment relationship. Nonetheless, the decision to lay off or no longer be given to employers is implied in the words of Article 163 paragraphs (1) and (2) of the Manpower Law jo. Article 42 paragraph (1) PP No. 35 of 2021 with the words "employers can" carry out layoffs. If the worker wants the employment relationship to end and the employer does not lay off the employee, it can be interpreted that the worker has resigned, so that the worker only gets compensation money according to Article 156 paragraph (4) of the Manpower Law. The Job Creation Law through Article 42 paragraph (2) PP No. 35 of 2021 has added conditions for workers who are not willing to continue working after the company's acquisition, namely changes to working conditions, so that in addition to that workers are required to continue working relations, except for employers who acquire who are not willing to accept workers. Workers' rights to severance pay are smaller after the enactment of the Job Creation Law. This shows that the protection of workers' rights due to layoffs after the Job Creation Law has decreased compared to what was regulated in the previous labor law.