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Perlindungan Hukum Pengemudi Ojek Online Atas Kontrak Perjanjian Perusahaan Gojek (Study Kasus Pasca Putusan Mahkamah Konstitusi No. 41/PUU-XVI/2018) Setiasih, Herma
Jurnal Sosial Humaniora dan Pendidikan Vol 1 No 1 (2022): Januari: Inovasi : Jurnal Sosial Humaniora dan Pendidikan
Publisher : Pusat Riset dan Inovasi Nasional

The current era of modernization means that all humans have to keep up with changing times which are increasingly rapid and sophisticated. For this reason, equipment was created that can facilitate and lighten the burden of our daily tasks. The approach method used is the normative juridical and empirical juridical approaches. The decision of the Constitutional Court is a decision that is final and binding and immediately has permanent legal force starting from the time it is pronounced in a plenary session open to the public and is erga omnes (applies to everyone) which must be obeyed and must be implemented directly (self executing). Conclusion 1. Legal protection for online motorcycle taxi drivers following the Constitutional Court decision Number 41/PUU-XVI/2018 is a constitutional recognition of economic rights and the right to obtain decent work for every individual who acts as a human rights subject, and is guaranteed in the Regulation of the Minister of Transportation of the Republic of Indonesia Number 12 of 2019 2. Online motorcycle taxis do not include passenger vehicles

THE ROLE OF INDONESIAN POLICE INTELLIGENCE IN PREVENTING MASS SOCCER SPECTATORS’ RIOT BASED ON THE REGULATION OF THE HEAD OF SECURITY INTELLIGENCE AGENCY OF INDONESIAN NATIONAL POLICE NO. 2/2013 Putra, Milenio Januar; Setiasih, Herma
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.358

The Kanjuruhan tragedy in Malang between Arema Malang and Persebaya Surabaya soccer supporters led to unexpected clashes due to disappointment from the locals’ defeat, and it caused many casualties. Therefore, this research is conducted to find out and analyze the role of Indonesian National Police intelligence in securing football that has clashed and caused casualties at Kanjuruhan Malang stadium based on Regulation of the Head of Security Intelligence Agency of Indonesian National Police No. 2/2013 on Security Intelligence of Indonesian National Police. This research is a normative legal research combined with juridical type. The problem approach used is a statutory approach, concept approach, and case approach. In addition, legal source data consist of 3 sources, such as primary, secondary, and tersier. The findings of this research indicated that using tear gas in the Kanjuruhan riot is actually regulated in the National Police Chief Regulation No. 1/2009 on the use of force in police actions. However, this violates the rules of FIFA as the federation that oversees world football. Furthermore, the role of police intelligence in securing football matches at Kanjuruhan Malang is conducted with targeted activities through the preparation stage, implementation stage, and termination stage.

LEGAL PROTECTION FOR WORKERS WHO HAVE TERMINATION OF EMPLOYMENT DUE TO FORCE MAJEURE Yanuarko, Fajar; Setiasih, Herma
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

The purpose of this research is to find out the level of regulation conformity regarding the termination of employment due to Force Majeure in Indonesia in the form of legal protection and juridical consequences based on governing termination regulations of employment due to force mejaeure in order to fulfill the workers’ rights caused by layoffs. This research discusses the suitability of arrangements regarding workers who experience termination of employment due to Force Majeure in Indonesia with ideal legal protection and legal consequences of arrangements for employment termination implemented because of Force Majeure. The type of research used is normative legal research, is legal research that examines document studies using statutory regulations, court decisions, legal theory, and scholars’ opinions. The research result indicate that legal protection for workers who have been terminated due to Force Majeure has been reflected in Law 13 of 2003 concerning Manpower, but in order to create a positive law regarding forms of legal protection for workers who have been laid off, there must be clearer arrangements regarding the rights to workers in the future.

THE ENFORCEMENT OF WANPRESTASI ON DEBT RECOGNITION IN DEBT AGREEMENTS: A Case Study of District Court Decision No. 9/Pdt.G.S/2021/Pn.Srl Fitriana, Fairus Nur; Setiasih, Herma
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.206

An agreement is a legal act regarding the property of two parties, in which one party promises to do something, while the other party has the right to demand its implementation. Thus, the relationship arises between the two parties during the agreement. In its form, the cooperation contract or agreement is a series of words in written form that contains promises of the ability to do something. This research is normative law. A normative research initiates by conducting a search on legal materials as a basis for making legal decisions on legal cases. The approach method used is a normative juridical approach. A normative juridical approach is used to provide a qualitative analysis by analyzing the theories, legal principles and law to discussed material. This research indicated that legal consequence of wanprestasi on debt acknowledgement letter in the debt-receivable agreement is a civil lawsuit or a claim for compensation. The efforts made by the creditor is very appropriate for the party who is harmed in debt agreement. According to law, legal remedies are through non-litigation and litigation. It can be concluded that although the agreement is not specifically regulated, the agreement that provides freedom of contract makes more convenient for public to make contracts outside the agreements contained in Book III of the Civil Code.

COMPARATIVE STUDY OF THE DOCTRINE OF REPUDIATION OF CONTRACT IN THE CONTRACT FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE TERMS OF CANCELLATION IN THE CIVIL CODE Setiasih, Herma; Haryadi, Wahyu Tris; Rosmaya, Ina; Ardhana, Annisa Sofia
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.649

In International Civil Law, several types of breach can be found, one of which is anticipatory breach. The term anticipatory breach has its roots in the concept of repudiation, which covers a wider range of refusals. Repudiation includes not only anticipatory breach, but also every form of refusal to fulfill contractual obligations, both before and after the contract period begins. Anticipatory breach refers to actions that indicate one party's intention not to fulfill its contractual obligations to the other party. This research aims to analyze how the Contract for the International Sale of Goods or CISG and the Civil Code regulate the return of rights for breach committed by one of the parties. The method applied is normative juridical research with statute and comparative approach. The findings of this research indicated that validity of an agreement under Article 1320 of the Civil Code requires an agreement, capacity, a specific object, and a lawful cause. If these subjective and objective conditions are unmet, or if there is a breach causing harm, the agreement may be canceled, but only through a court decision as per Article 1266. Repudiation, the refusal to fulfill an agreement, has two models: the mirror image model and the differentiated model, which assess potential future losses. In international civil law, anticipatory breach, a concept linked to repudiation, is covered in Articles 71-73 of the CISG.

Perlindungan Hukum Pengemudi Ojek Online Atas Kontrak Perjanjian Perusahaan Gojek (Study Kasus Pasca Putusan Mahkamah Konstitusi No. 41/PUU-XVI/2018) Setiasih, Herma
Jurnal Sosial Humaniora dan Pendidikan Vol. 1 No. 1 (2022): Januari: Inovasi : Jurnal Sosial Humaniora dan Pendidikan
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/inovasi.v1i1.193

The current era of modernization means that all humans have to keep up with changing times which are increasingly rapid and sophisticated. For this reason, equipment was created that can facilitate and lighten the burden of our daily tasks. The approach method used is the normative juridical and empirical juridical approaches. The decision of the Constitutional Court is a decision that is final and binding and immediately has permanent legal force starting from the time it is pronounced in a plenary session open to the public and is erga omnes (applies to everyone) which must be obeyed and must be implemented directly (self executing). Conclusion 1. Legal protection for online motorcycle taxi drivers following the Constitutional Court decision Number 41/PUU-XVI/2018 is a constitutional recognition of economic rights and the right to obtain decent work for every individual who acts as a human rights subject, and is guaranteed in the Regulation of the Minister of Transportation of the Republic of Indonesia Number 12 of 2019 2. Online motorcycle taxis do not include passenger vehicles

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