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Faisal Santiago
Faculty of Law, Universitas Borobudur, Jakarta
Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

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Harmonization of Law on Transactions E-Commerce in order to support Indonesia's Economic Development Sidi Ahyar Wiraguna; Faisal Santiago; Ahmad Redi
Journal of Social Research Vol. 2 No. 6 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i6.937

Abstract

Information and Communication Technology has become a necessity in this day and age, many people in Indonesia have utilized it in their daily lives. The dynamics of the economy cannot be separated from the development and progress of technology, infrastructure, productivity and innovation. Advances in science have an impact on technological progress. Disruptive innovation creates its own market that continues in the digital business sector (E-commerce). The development of technology is also accompanied by the development of ways to convey information in communication so that activities become faster by using the internet with social media applications. This research aims to find out the legal harmonization of e-commerce transactions in order to support Indonesia's economic development, to find out legal harmonization can be a solution in providing legal protection for parties in e-commerce transactions. The research method used is normative research with a legal approach and conceptual approach. The types of data include primary materials and secondary materials. The results of the research are, first, in global electronic exchange cannot be given only by one legal point of view, but by legal instruments, creating fair competition which directly or by implication benefits the meeting in global electronic exchange, second e-commerce transactions greatly benefit from the support of Indonesia's economic development when Indonesian law is harmonized. The state offers alternative regulatory models, such as: First, electronic transaction systems that operate either inside or outside the national jurisdiction of a State.
Law Enforcement Through Criminal Sanctions for Employers' Violations of Workers' Wages in Indonesia D. Andry Effendy; Faisal Santiago
Journal of Social Research Vol. 2 No. 7 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i7.1210

Abstract

Wages are a form of appreciation given by employers for the services that have been done by workers. Wages are able to ensure the welfare of workers. However, in reality there are still wage violations in Indonesia, such as in terms of nominal wages. Nominal wages that are not in accordance with the provisions will interfere with worker welfare and reduce worker productivity. Wages must be guaranteed by law so that the essence of the function of wages can be realized. Therefore, research is needed on criminal sanctions as law enforcement of employers' violations of workers' wages in Indonesia. The objectives of this study include (1) explaining the forms of employer violations against workers' wages in Indonesia and (2) explaining the forms of criminal sanctions for employers' violations of workers' wages as an effort to enforce the law in Indonesia. This research is based on qualitative and uses an analytical descriptive approach, and is normative juridical. Forms of employer violations against workers' wages in Indonesia consist of nominal wage violations, late payment of workers' wages, and employers' unwillingness to pay workers' wages. Criminal sanctions as an effort to enforce the law are realized through Government Regulation in Lieu of Law of the Republic of Indonesia Number 2 of 2022 concerning Job Creation paragraphs (1) and (2) for violations in the event that the nominal wage is less than the provisions. The forms of violations of late payment of wages and the unwillingness of employers to pay workers' wages are subject to criminal sanctions listed in paragraph 61 paragraph (1) of Government Regulation (PP) concerning Wages.
Legal Reforms in Indonesia Related to "Presidential Threshold" of Presidential Candidate in Law No. 7 Of 2017 Concerning General Elections Sidi Ahyar Wiraguna; Faisal Santiago; Zudan Arief Fakrulloh
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.906

Abstract

The election is the manifestation of freedom in choosing the president, vice-president and legislature parliament in a country, because the elections play a role as a mechanism for political change regarding the funds patterns for the direction of public policy/or regarding the circulation of the elite periodically and in an orderly manner. Indonesia itself holds the presidential and vice-presidential elections every five years that requires its citizens to vote the potential candidates for becoming the president and vice president for the next 5 years. This research aims to find out the legal reforms related to presidential nomination of Presidential Threshold based on Law number 7 of 2017 concerning the General Elections. This research examines the law concerning the presidential elections and presidential threshold based on 1945 Constitution in Indonesia to find out the president election and the obstacles in its implementation. This research showed that it is possible that public expect more candidate than just two candidates. And the public will only vote for the presidential candidate by dominant party, not the party in accordance with citizens’ need. From this research, it can be concluded that the unnecessary presidential appointments are incompatible with the dignity of Indonesia constitution.
Co-Authors Ahmad Redi D. Andry Effendy Sidi Ahyar Wiraguna Zudan Arief Fakrulloh