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All Journal Unes Law Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP)
Gunardi Lie
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Peran Hak Tanggungan dalam Pengelolaan Jangka Waktu Hak Guna Bangunan: Suatu Tinjauan Hukum Prasidya Mohammad; Gunardi Lie
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1399

Abstract

This research explores the role of mortgage rights in the context of managing the duration of building usage rights, with an emphasis on property law aspects. Utilizing a legal review approach, an analysis was conducted on the implications of mortgage rights on the expiration of building usage rights and their impact on property. The study identifies that mortgage rights play a crucial role in influencing the continuity of the duration of building usage rights, while conflicts of interest and the impact of regulatory changes become significant focuses in the dynamics of the relationship between these two rights. The conclusion emphasizes the need for a deep understanding of the role of mortgage rights in the sustainability of building usage rights, the handling of conflicts of interest, and adaptation to regulatory changes in the property law environment.
Liability For Processing Personal Data At Private Universities Related to Personal Data Protection Based On Indonesian Law Joddy Mulyasetya Putra; Gunardi Lie
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1445

Abstract

Technological advances are like two sides of a coin that have several conditions that are not only beneficial but need to be aware of the dangers, one of which is data leakage. Data leakage does not always occur intentionally, it can occur due to the negligence of a software itself due to the weakness of its device security system. Personal data is crucial in this era of digitalization, which all of them need, including in educational institutions such as private universities. Foundations and Private Universities have a legal relationship as stipulated in the Foundation Law adjusted to the agreement made by both. Foundations and Private Universities have their respective portions in terms of their duties, functions, authorities, and responsibilities including in the management of personal data if there is a data leak who is the data controller and data processor. The type of research used is doctrinal law through the search for library materials and secondary data consisting of primary documents, secondary legal documents and non-legal documents. The research conducted will later examine the relevant legislation that regulates associated with the legal issues raised whether appropriate or not in its implementation. The results showed that based on the legal relationship, the Foundation as a controller of personal data and the Cooperative as a personal data processor. Both have their respective portions of responsibility and if there is a data leak, the responsibility is borne by the foundation stakeholder as the controller of personal data and the corporation as the beneficiary.
Tinjauan Pemutusan Hubungan Kerja Sepihak dalam Perspektif Regulasi Hukum Ketenagakerjaan (Studi Kasus: Putusan Nomor 101/PDT.SUS-PHI/2019/PNSMR) Delvina Koniardy; Gunardi Lie
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1472

Abstract

Layoffs or what is usually called one-sided termination of employment is something that is still problematic to this day and causes the emergence of industrial relations disputes, as happened in Decision Number 101/Pdt.Sus-PHI/2019/PNSmr where industrial relations disputes occurred between PT. NALA PALMA CADUDASA with 6 people from the Public Relations Team and Senambah Village Verification Team. There was a misunderstanding regarding the definition of a partnership relationship and working relationship between the two parties which led to disputes when the relationship was terminated. The research method used in this research is normative juridical with a case approach. A partnership relationship is a relationship based on a partnership agreement, while an employment relationship is a relationship based on a work agreement. The position between parties in a partnership relationship and an employment relationship is also different. In a partnership relationship, each party has the same position in terms of rights and obligations, whereas in an employment relationship the positions of the entrepreneur and employee are superior and subordinate. However, when a partnership relationship has elements of a work relationship, the partnership relationship turns into a work relationship.
Perlindungan Hukum Terhadap Pekerja yang Mengalami Pemutusan Hubungan Kerja Secara Sepihak Pasca Perusahaan Merger Aureelia Nourani Mirza Djafar; Gunardi Lie
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1473

Abstract

There are still many violations of workers' or laborers' rights that they should receive in situations where a company is merging or merging where there is legal uncertainty in protecting workers or laborers from companies that are merging or merging in violation of the 1945 Law. The aim of this research is to conduct research regarding the rights of workers or laborers who experience unilateral termination of employment by companies carrying out a merger. The method used in this research is a normative legal method with secondary data collection techniques through literature study. The results of this research show that the implementation of a company merger (merger) has a legal impact on employees, one of the impacts that can be received by employees is the loss of their job. As regulated in legal regulations both in the Limited Liability Company Law and in the Employment Law which provides legal protection for employees. . If the company does not want to take responsibility, employees can sue the company either through litigation or non-litigation.
Tinjauan Pengunduran Diri Pekerja Kontrak: Perspektif dan Aspek Hukum Perburuhan dalam Pemenuhan Hak Pengunduran Diri Pekerja Jason Juliano Raditya; Gunardi Lie
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2315

Abstract

Resignation is an act voluntarily or based on personal motives undertaken to leave a position in the company. Resignation by workers is generally caused by differences of opinion or differences of understanding between workers and superiors and employers. Cases of resignations are rife due to frequent errors in terms of communication between the two parties. This study discusses the case of contract workers who resign from a company but do not get their rights. In this case of resignation, the worker does not receive his rights that should have been paid according to Labor Law Legislation. The research method used in this study is juridical-normative legal research. This approach involves the analysis of theoretical frameworks, concepts, and legislation relevant to the research topic. The research approach used is a qualitative approach, namely research procedures that produce descriptive data.
Co-Authors Aureelia Nourani Mirza Djafar Delvina Koniardy Jason Juliano Raditya Joddy Mulyasetya Putra Prasidya Mohammad