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Kekaburan Norma Hukum Hubungan Industrial tentang Force Majeur Saat Menghadapi Kondisi Pandemi Covid 19 Agus Salim Ra’is; Didik Suhariyanto; Ismail Ismail
Jurnal Syntax Admiration Vol. 5 No. 9 (2024): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v5i9.1496

Abstract

This study examines the ambiguity of legal norms related to industrial relations in the context of force majeure during the Covid-19 pandemic. The main focus is on the provisions of Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation, which regulates termination of employment (PHK) and force majeure conditions. It was found that force majeure provisions that have not undergone changes or revisions in the latest law have caused legal uncertainty, allowing employers to carry out unilateral layoffs without the obligation to pay severance pay. This ambiguity of norms results in violations of the principles of legality, legal certainty, and utility, and has a negative impact on labor protection, especially in crisis situations such as the pandemic.
Tanggung Jawab Selebgram terhadap Iklan yang Dilakukan di Sosial Media untuk Mewujudkan Kepastian Hukum Kirana Pungki Apsari; Ismail Ismail; Dewi Iryani
Jurnal Syntax Admiration Vol. 6 No. 1 (2025): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v6i1.2034

Abstract

The responsibility of celebrities for advertisements carried out on social media is currently still a dilemma, because with the applicable laws and regulations, legal certainty has not been realized. Celebgram as an influencer who advertises products, goods and services is not meticulous in paying attention to product safety in accordance with applicable regulations, and does not pay attention to the online shop account in detail whether it is genuine or fake. This phenomenon was experienced by Alya Salsabila, a celebrity who committed negligence would choose a client without further examination and as a result harm consumers. The theories used in this study are the theory of Legal Certainty and the theory of Legal Accountability from Hans Kelsen, using a normative juridical approach method through the specification of descriptive research analysis. The data collection technique in this study is by literature study. The result of the study is that the legal certainty of the actions of celebrities in advertising on social media according to Law Number 8 of 1999 concerning Consumer Protection and Law Number 19 of 2016 concerning Electronic Information and Transactions has not clearly and in detail regulated the promotion of products, goods and services through social media carried out by celebrities and the responsibility of celebrities for actions that harm consumers due to advertising on social media. If there is a violation, the celebgram must also be responsible for the violation committed, because the losses experienced by consumers are an unlawful act because the celebgram conveys advertisements or promotions that are carried out not in accordance with the laws and regulations, then they can file a lawsuit.
Juridical Analysis Of The Commissioners Of Limited Liability Companies Who Exercise The Authority Of The Executive Board Of Directors In Terms Of Good Corporate Governance Aspects Willem Engel Oktavianus Umboh; Ismail Ismail; Puguh Hari Setiawan
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 4 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i4.924

Abstract

This study aims to explain the legal basis and functions of organs in a Limited Liability Company (PT) and identify the legal impact on PT organs that carry out the duties and authorities of other organs. In the global context, Good Corporate Governance (GCG) is the key to the company's success for long-term growth and business continuity. The economic crisis in Asia and Latin America in 1999 was attributed to the failure of GCG implementation. The research method used is normative juridical with an analytical descriptive approach. The two main approaches used are the statutory approach and the conceptual approach. The results showed that the executive actions of Commissioners in PT require approval from the Board of Directors with a power of attorney, maintain legality and implement the principles of Good Corporate Governance. The Bank as a third party also requests a power of attorney to ensure the legality of the applicant who is a Commissioner. Research reveals the legal basis for the establishment of a PT stipulated in Articles 36-56 of the Criminal Code and Articles 1233-1652 of the Civil Code. This research contributes to understanding the importance of GCG implementation and the legality of the Commissioners' executive actions in maintaining the integrity of the company. The results of the research are expected to be the basis for companies and regulators in improving good corporate governance.