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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.