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All Journal LEGAL BRIEF Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Indira, Safira Prima
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis PERPPU Cipta Kerja No.2 Tahun 2022 Besaran Pesangon Pasca PHK Harahap, Arifuddin Muda; Sofianti, Adella Iragil; Bangun, Ibnu Fauzi; Aryanti, Cindy; Kesuma, Diva Ariza; Rizky, Fauzi Masfa; Haekal, M.Fikri; Rafly, M.; Indira, Safira Prima
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.306

Abstract

One of the problems for workers in Indonesia is termination of employment (PHK) between workers and employers, in 2020 the government issued Law No. 11 of 2020 concerning work copyright or the omnibus law getting pros and cons from society, of course there are also many people disagree about this work copyright law. Then in 2022 the Government has also officially promulgated Law Number 2 of 2022 Concerning Job Creation which in outline has revised this omnibus law, at least covering 11 sections that have regulated strategic policies, including one of them related employment. This research wants to discuss the comparison of severance pay for employees who have been laid off according to Law no. 2 of 2022 regarding the copyright of this work. The method used in conducting research in this scientific journal is the normative legal method.In Law no. 2 of 2022 regarding this work copyright, workers whose contracts are terminated with less than a year's work period will receive severance pay of 1 month's wages. Those whose duration of work is more than a year, but when it is less than two years will receive 2 months' wages and so on. In addition to severance pay, this Law also regulates the provision of reward money for years of service for employees who have been laid off for working for 3 years or more but less than 6 years, 2 months of wages, at working period of 6 years or more but less than 9 years, 3 months wages and so on. Keywords: employment, layoffs, severance pay
Application of Diversion to Children in Conflict with the Law as an Effort to Protect Children's Rights in Realizing Restorative Justice Indira, Safira Prima; Lubis, Syofiaty
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1040

Abstract

: This research aims to find out how the legal regulations regarding the implementation of diversion for children who are in conflict with the law are and to find out how diversion is implemented as an effort to protect children's rights in realizing restorative justice. The results of this research show that based on article 7 paragraph (2) of Law no. 11 of 2012 concerning the criminal justice system states that the right to diversion for children in conflict with the law can only apply to children who are 12 (twelve) years old and for crimes with a prison sentence of less than 7 years and not for repeat crimes. In terms of implementation, diversion is carried out through deliberations between the victim's family and the perpetrator's family, led by a diversion facilitator from a District Court judge who listens to claims for losses submitted by the victim's family. Furthermore, based on article 55 paragraph (1) government regulation no. 65 of 2015 concerning guidelines for implementing diversion states that if diversion deliberations reach an agreement then children in conflict with the law can be free from criminal punishment, however, in accordance with article 53 paragraph (2) Perma No. 4 of 2014 concerning Guidelines for implementing diversion states that if deliberations do not reach an agreement then the criminal case will be resolved through a juvenile criminal justice mechanism at court level
Co-Authors Aryanti, Cindy Bangun, Ibnu Fauzi Haekal, M.Fikri Harahap, Arifuddin Muda Kesuma, Diva Ariza Lubis, Syofiaty Rafly, M. Rizky, Fauzi Masfa Sofianti, Adella Iragil