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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Varia Justicia
Made Dwita Martha
Universitas Udayana
Law, Crime, Criminology & Criminal Justice

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The Problems and Forthcoming Ideal Concepts of Employment Social Security: An Indonesia’s Perspective as a Welfare State Nyoman Satyayudha Dananjaya; Anak Agung Gede Duwira Hadi Santosa; Kadek Agus Sudiarawan; Made Dwita Martha
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1068

Abstract

The Procedures and Requirements for Payment of Old Age Security stated that the benefits of Old Age Security at the Institution of Social Security Employment can only be taken when workers enter retirement or at the age of 56 years, which elicits opposition reactions from various parties. The focus of this research was conducted to examine and criticize whether the Old Age Security (OAS) and Job Loss Guarantee (JLG) policies for workers who have been terminated have reflected the conception of an Indonesian welfare state that is socially just for all Indonesians, as well as to find out how the future concept (Ius Constituendum) of OAS and JLG for workers reflects the welfare state for social justice. A statutory and conceptual approach are used to support the type of normative legal research in this research. The results of the study indicate that the OAS and JLG policies have not described the concept of an Indonesian welfare state with social justice. To describe the OAS and JLG policies that reflect the welfare state, future policies must still provide convenience for workers to receive OAS benefits and continue to carry out OAS benefits.
The Concept of Land Bank Agency: Between Public or Bussiness Functions? Anak Agung Gede Duwira Hadi Santosa; I Made Marta Wijaya; Ni Luh Dewi Sundariwati; Made Dwita Martha
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6619

Abstract

The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.
Co-Authors Anak Agung Gede Duwira Hadi Santosa I Made Marta Wijaya Kadek Agus Sudiarawan Ni Luh Dewi Sundariwati Nyoman Satyayudha Dananjaya