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Journal : Rechtenstudent Journal

Tafsir Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Tentang Politik Dinasti Perspektif Fiqh Siyasah Lailatul Fitria; Muhammad Faisol; Badrut Tamam
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.185

Abstract

Dynastic politics is defined as leadership that only relies on the hands of groups that still have blood ties or kinship. In the Constitutional Court Decision Number 33/PUU-XIII/2015 concerning arrangements related to dynastic politics after a judicial review was carried out by parties who have legal standing and considered the law related to the prohibition of dynastic politics to be contrary to the 1945 Constitution. Because it was considered to formulate new norms and there was a violation of constitutional rights citizens to get equal opportunities in government. The interpretation of human rights following the issuance of the Constitutional Court decision No. 33/PUU-XIII/2015 concerning dynastic politics is that every citizen has the right to be elected and elected in regional head elections, so there is no longer any prohibition for incumbents to participate. in politics. Interpretation of Human Rights in the Constitutional Court Decision No. 33/PUU-XIII/2015 regarding dynastic politics if seen and understood more deeply from the point of view of fiqh principles based on the Constitutional Court's decision, regarding human rights, especially members of the incumbent' family to nominate regional heads, looking at so many data and surveys that show the negative impact of this dynastic politics, one of which often occurs is corruption, so based on fiqh principles it provides recognition that public interests must take precedence over special interests.
Integration of Employment Law Regulations in the Omnibus Law: Impact on Workers' Rights and Obligations Vais Vais; Nanda Agustin; Dini Eka Wardhani; Zahidatun Muti’ah Almina; Badrut Tamam
Rechtenstudent Vol. 5 No. 2 (2024): Rechtenstudent August 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i2.248

Abstract

Related to Omnibuslaw currently has been established to be part of the Law, but there are some issues that cause overlap and inconsistency with workers. As well as the existence of the work creation law gives more freedom to entrepreneurs than to workers or workers, one of them is like giving hours of work and giving wages that are only unilaterally discontinued without a joint agreement. This is the problem that is considered serious because so many workers complain about the problem. Therefore, with the existence of the application of omnibuslaw to the law of creation of work to correct the imbalance that has occurred to entrepreneurs and workers. As with the establishment of government regulations replacing the Law No. 2 of 2022 on job creation, these new regulations were enforced with the aim of further maximizing and improving the welfare of workers or entrepreneurs based on Pancasila. Even with the implementation of omnibuslaw to improve the existing employment system in Indonesia.
Analisis Penyelesaian Perselisihan Hubungan Industrial (PHI) secara Litigasi maupun Non-Litigasi Diah Oktaviani; Icha Nur Safitri; Rosyita Putri Septiviani; Syifatul Wardah Alhumairoh; Lutfi Aprilia; Badrut Tamam
Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i2.249

Abstract

Industrial relations disputes (PHI) are of great concern to the public. In principle, disputes can be resolved by the parties themselves or third parties. One of the industrial relations disputes is a strike. A Work Strike is a planned strike and industrial action carried out to stop or slow down work. This dispute will cause a decrease in company productivity, therefore it is necessary to resolve it so that company activities return to normal. Writing this paper uses the literature review method by browsing literature online consisting of theses, journals and books, relating to the resolution of industrial relations disputes. The result of this paper is that PHI is divided into two types, namely disputes of interest and disputes of rights. PHI resolution must be truly objective and fair. Settlement of PHI can be done in court or outside State court. Cassation is the cancellation of a lower court decision, a decision made on the basis of errors and omissions in the Supreme Court's decision. A work strike is an example of PHI. Striking workers must be warned, must not violate the law, and conditions must be met.
Analysis of The Implementation toward Employee Social Security at BPJS Employment Novi Indraswari; Robiatul Arofa; Anggita Cahyaning Pratiwi; Badrut Tamam
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i1.327

Abstract

The Implementation of Social Security has been regulated in Law Number 24 of 2011 concerning the Employment Social Security Organizing Agency. BPJS Employment is the institution responsible for administering worker social security programs in Indonesia. BPJS Employment aims to provide social protection to workers and their families and promote the welfare of workers in this country. Analysis of the implementation of worker social security at BPJS Employment in the context of Law no. 24 of 2011 involves research into the policies, procedures and mechanisms used by BPJS Employment to provide social security to workers. The purpose of this analysis is to evaluate the extent to which BPJS Employment has implemented the provisions contained in the Employment Law and to identify potential problems or challenges in its implementation. Analysis of the implementation of worker social security at BPJS Employment in the context of Law no. 24 of 2011 provides a deeper understanding of the effectiveness and challenges faced in the worker social security system in Indonesia. The research method used in this paper is normative legal research. With the help of social security, these workers can minimize the poverty of working class families who are experiencing an economic crisis, as well as termination of employment.
The Implementation of BAN-PT Regulations Regarding Accreditation Toward An Excellent Study Program Sholikul Hadi; Badrut Tamam; Busriyanti Busriyanti; St. Sariroh
Rechtenstudent Vol. 6 No. 1 (2025): Rechtenstudent April 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i1.345

Abstract

Accreditation is a fundamental mechanism for evaluating the standard of higher education programs. The Constitutional Law Study Program within the Sharia Faculty at UIN Khas Jember has undertaken this process under the framework of BAN-PT, following the nine core criteria specified in BAN-PT Regulation No. 2 of 2019. This study investigates the challenges, hindrances, and potential solutions in implementing BAN-PT regulations to achieve superior accreditation status. Using an empirical legal research approach, the study collected data through interviews, direct observation, and document analysis. The accreditation process includes stages such as planning, submission, evaluation, and post-evaluation follow-up, involving various stakeholders lecturers, students, and administrative staff. Factors contributing to successful accreditation include qualified faculty, curriculum alignment, adequate infrastructure, and external partnerships. However, a significant challenge remains: limited international collaboration, which restricts access to research resources and funding. Achieving top-tier accreditation requires strategic planning, the formation of a competent accreditation drafting team, structured compliance with standards, and consistent application of the PPEPP quality cycle. Ultimately, excellent accreditation enhances institutional credibility and supports the advancement of legal education in Indonesia.