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Konsep Pengaturan Upah Minimum Dalam Peraturan Perundang-undangan Ditinjau Dari Prinsip Keadilan Rachmad Abduh; Ida Hanifah; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4412

Abstract

Peraturan perundang-undangan dalam bidang ketenagakerjaan telah membawa perubahan mendasar dalam hal menjadikan sifat hukum ketenagakerjaan menjadi ganda yaitu sifat privat dan publik. Sifat prifat melekat pada prinsip dasar adanya hubungan kerja yang ditandai dengan adanya hubungan perjanjian kerja antara pekerja dengan pemberi kerja, sedangkan sifat hukum publik dilihat dari adanya sanksi pidana, sanksi administratif bagi pelanggar ketentuan dibidang ketenagakerjaan dan ikut campur tangan pemerintah dalam menetapkan besarnya standar upah. Fenomena yang dialami oleh pekerja adalah upah yang diterima tidak sebanding dengan biaya hidup, tingginya biaya hidup membuat pekerja jauh dari kata sejahtera. Tuntutan kerja dinilai tidak sebanding dengan upah yang diterima. Sehingga jauh dari konsep keadilan. Metode yang digunakan dalam pemelitian ini menggunakan jenis penelitian normatif. Metode Penelitian hukum normatif merupakan penelitian yang  meletakan hukum sebagai sebuah bangunan sistem norma
RECONSTRUCTION OF CRIMINAL SANCTIONS FOR PERPETRATORS OF BUSINESS CRIMES Doni Hendra Lubis; Ida Hanifah; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.5037

Abstract

The development of criminal liability in Law Number 1 of 2023 concerning the Criminal Code differentiates in detail the form of liability for individual legal subjects with legal entities. The regulation specifically for criminal liability for legal subjects in the form of legal entities (corporations) is contained in paragraph 3 of Article 45 to Article 50 of Law Number 1 of 2023 concerning the Criminal Code. As the principle of the case before the law, the new Criminal Code in terms of law enforcement against legal subjects in the form of corporations also adheres to the reasons for the elimination of criminal penalties (justification and excuse) as contained in Article 50 which states that in essence justification and excuse apply in the corporate criminal liability system as long as the reasons are directly related to the criminal act being prosecuted
Implementation of the Business Judgement Rule Doctrine as Legal Protection for Directors in Realizing Good Governance of Regionally-Owned Enterprises Hamzar Nodi; Ramlan Ramlan; Ida Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5124

Abstract

The form of BUMD governance as a regional company as regulated in UUPD and PPBUMD consists of Regional Public Companies (Perumda) and Regional Limited Companies (Perseroda). The establishment of Perumda is in the form of regional regulations based on regional needs and the feasibility of the business field of the Perumda to be formed. Perumda is a BUMD whose entire capital is owned by one region only and is not in the form of shares. One of the important organs in a company is the board of directors. The board of directors who control the company in daily activities has the authority to determine policies in carrying out its powers and obligations in managing the company must have good intentions, be responsible, have integrity, be honest, and be highly dedicated to advancing and developing the company. The board of directors is fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. The board of directors can take or carry out actions to facilitate his duties as long as it is within the scope of his duties and obligations and does not conflict with customs, fairness, and propriety. Implementation of the business judgment rule (BJR) doctrine as a form of protection given to directors in carrying out their duties and responsibilities in running the company. Business decisions or actions taken by directors are intended to manage the company professionally according to their expertise to generate profits for the company, even though there are risks from these decisions and actions that can cause losses for the company
The Importance of Mediators' Recommendations After the Failure of Fair Industrial Relations Dispute Mediation, in Realizing the Resolution of Industrial Relations Disputes Quickly, Precisely, Fairly and Cheaply Nicholas Sutrisman; Ida Hanifah; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6246

Abstract

This study discusses the importance of mediator recommendations after the failure of fair industrial relations dispute mediation, in realizing a quick, appropriate, fair and inexpensive resolution. Mediation of industrial relations disputes led by an industrial relations mediator is one of the alternative options for resolving industrial relations disputes after the failure of bipartite negotiations, which is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. However, in practice, the recommendations of industrial relations mediators are not always effective and are often ignored by the disputing parties. This has raised debate regarding the role and effectiveness of mediators in encouraging settlement through non-litigation channels before going to the Industrial Relations Court. This study uses a juridical-normative approach by analyzing laws and regulations related to mediation and settlement of industrial relations disputes. In addition, this study also explores the written recommendations of mediators in carrying out their functions, as well as the responses of the parties involved in the dispute to the written recommendations provided by the industrial relations mediator. The results of the study show that although the mediator's recommendations are non-binding, the mediator's role remains important in the initial resolution process. It is necessary to strengthen regulations and the role of mediators to increase compliance of the disputing parties, in order to reduce the burden of cases in industrial relations courts and encourage fast, appropriate, fair and inexpensive conflict resolution.
The Concept of Restitution as Legal Accountability in the Crime of Human Trafficking Rajarif Syah Akbar Simatupang; Ida Hanifah; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6444

Abstract

Indonesia as a country that has problems in human trafficking, not only functions as a country of origin (source) and transit point for international human trafficking, but also as a country that receives victims. The increasing number of workers that is not accompanied by the availability of employment opportunities is a very complex problem to overcome. This research is a normative legal research, namely a legal study that positions law as a structured norm system. In Indonesian legal regulations, it has been regulated in Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking related to legal accountability for criminal acts of human trafficking. This law also regulates the rights of victims to receive medical and social rehabilitation, repatriation, and reintegration that must be provided by the state, especially for those who experience physical, psychological, and social suffering due to the crime of human trafficking. Restitution prioritizes the perpetrator's responsibility for the impacts caused by the crime. Therefore, the main target is to handle all losses experienced by the victim.