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All Journal Novum : Jurnal Hukum Indonesian Journal of Disability Studies
Ocktavianti, Okky
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Giving Equal Opportunities and Access to Work for Employees with Disabilities in MSME: A Case in Blitar, East Java Nugroho, Arinto; Rusdiana, Emmilia; Ronaboyd, Irfa; Ocktavianti, Okky; Andreansyah, Gilang Chesar
Indonesian Journal of Disability Studies Vol. 11 No. 1 (2024)
Publisher : The Center for Disability Studies and Services Brawijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.ijds.2024.11.1.6

Abstract

The obligation of private companies to empower at least 1% of persons with disabilities from the total number of employees is based on the mandate of the Law Number 8 Year 2016 on persons with disabilities and, at the provincial level, is regulated by the Regional Regulation of East Java Province Number 3 Year 2013. The purpose of this research is to provide an overview on the implementation of the obligation to provide equal opportunities and prepare access for employees with disabilities to Micro, Small and Medium Enterprises (MSMEs) business actors in the Blitar, East Java, Indonesia. The research method used is empirical law with a qualitative descriptive research approach. The stages of the research were carried out by conducting in-depth interviews and, at the same time observing by literature reviewing, data reduction, and then concluding. The results show that MSMEs in Blitar are willing to accept employees with disabilities. The employee recruitment process is carried out verbally and employment opportunities are prioritized to persons with disabilities who live nearby the company. Working hours and duration of break time for employees with disabilities are similar to the general employees. The obstacle faced by the company is the prohibition from the families of employees with disabilities to work because the disability employees are worried that they will not be able to do the job and are embarrassed when dealing with other people.
The Analysis of the Legal Relationship Between Participants of Specialist Doctor Education Programs (PPDS) and Teaching Hospitals in Labor Law Ocktavianti, Okky; Amiq, Bachrul; Muzakky, Hikam
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.56382

Abstract

The implementation of specialized medical education involves two main aspects: academic training and healthcare services at Teaching Hospitals. While Postgraduate Medical Students (PPDS) fall under the authority of educational institutions, they also serve roles in hospitals, creating the need for clearer legal regulation. Unlike the well-defined relationship between educational institutions and teaching hospitals—governed by a Cooperation Agreement under the Medical Education Act—the legal status of PPDS within hospitals remains unregulated. This study aims to identify the legal basis for PPDS involvement in healthcare services and assess whether such involvement constitutes an employment relationship under labor law. Using a juridical-normative approach, the research finds that, due to the lack of specific legislation, each Teaching Hospital independently regulates the PPDS relationship through internal policies. Labor law defines employment relationships cumulatively, requiring elements such as work, orders, and remuneration. The study concludes that PPDS service in hospitals does not fulfill all these elements—particularly remuneration—since the incentives PPDS receive differ from the legal concept of wages. As a result, the relationship between PPDS and Teaching Hospitals cannot be categorized as an employment relationship under labor law.
Co-Authors Andreansyah, Gilang Chesar Arinto Nugroho Bachrul Amiq EMMILIA RUSDIANA, EMMILIA Irfa Ronaboyd Muzakky, Hikam