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Criminal Liability Mechanism for Corporations That Do Not Register Their Workers' Health Insurance After the Birth of The Job Creation Law Syahputra, Chandra; Arifin, Muhammad; Medaline, Onny
Indonesian Journal Education Vol. 4 No. 3 (2025): Indonesian Journal Education (IJE)
Publisher : Lembaga Riset Mutiara Akbar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56495/ije.v4i3.1307

Abstract

Protection of workers’ rights is a vital aspect of implementing social security in Indonesia. The enactment of Law Number 11 of 2020 concerning Job Creation brought significant changes to labor law, including adjustments to the mechanism of social security implementation previously governed by Law Number 24 of 2011 concerning the Social Security Administration Agency (BPJS). Using a normative juridical method with legislative, conceptual, and case approaches, this study analyzes secondary data from laws, doctrines, and court decisions. The findings show that despite the Job Creation Law reaffirming corporate obligations to register workers in social security programs, many corporations still neglect this duty due to weak supervision and limited enforcement. Administrative sanctions are strengthened, but criminal sanctions remain subsidiary and rarely applied. Obstacles to corporate criminal liability include difficulties in proving corporate intent, limited technical procedures for investigation, and weak coordination among authorities. The study recommends clearer implementing regulations to define corporate fault, representative liability, and proportional sanctions.
The Optimization of Legal Protection of Costums Intellectual Property Traditional Cultural Expressions of Malay Customs Nadirah, Ida; Medaline, Onny; Sahari, Alpi; Koto, Ismail
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.33435

Abstract

This research aims to discuss Costums Intellectual Property in the field of Traditional Cultural Expression of Malay Customs which has promising economic potential in the field of tourism, both domestic tourism and foreign tourism potential. But until now it has not been protected optimally. This can be seen every year when the Malaysian Visit year will be displayed in many brochures promoting their tourist visits, traditional cultural expressions belonging to the indigenous Malay Peoples of Indonesia The purpose of this study is to analyze how many inventories and registrations of Costums Intellectual Property of Traditional Cultural Expressions of Malay Customs have been protected in the Regional Office of North Sumatra. The approach used in this study is a normative and empirical approach, namely through the review of laws and regulations related to the Protection of Costums Intellectual Property (KIK), especially related to Traditional Cultural Expressions of the Malay Indigenous Peoples of North Sumatra and conducting direct interviews with the head of the Intellectual Property Registration division of the North Sumatra KUMHAM Regional Office. The results showed that the level of awareness of indigenous peoples and local governments to protect their Costums Intellectual Property specifically in the field of traditional Malay Customary Cultural Expressions was very low, as seen from the data of the last three years, the inventory and registration of traditional Cultural Expressions of Malay indigenous peoples only amounted to twelve types of traditional culture.
Strengthening The Right To Freedom Of Opinion On The Fundamental And Constitutional Rights Of Social Media Users Based On Collaboration Of The 1945 Constitution And The Uu Ite In Indonesia Eddy, Triono; Medaline, Onny
International Journal of Educational Research & Social Sciences Vol. 3 No. 5 (2022): October 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i5.502

Abstract

Freedom of thought and expression is regulated in the fourth amendment to the 1945 Constitution Article 28 E paragraph (3) Everyone has the right to freedom of association, assembly, and expression. Freedom of expression, including freedom of opinion, is one of the most basic rights in the life of the state. At this time there has been a new law known as cyber law as the equivalent of cyber law, namely a law relating to the use of information technology called Cyber Law and Mayantara Law which is summarized in a statutory regulation, namely Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The problem of this research is the extent to which the clarity of the regulation of opinion contained in the legislation and then how the legal protection is applied to social media users in terms of expressing their opinions. This research approach is a descriptive normative juridical law research. This study uses materials that are in accordance with the research conducted which is the result of library research, from library research secondary data is collected which includes primary legal materials, secondary legal materials, and tertiary legal materials. The analytical tool used is SWOT. This study aims to examine the right to freedom of expression for social media users in relation to the laws and regulations, namely the 1945 Constitution, the UU ITE, and several cases of violations of the laws and regulations that have occurred and are currently occurring in the community.