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All Journal Kosmik Hukum INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) Jurnal Sosial dan Teknologi Journal of Law, Poliitic and Humanities Jurnal Indonesia Sosial Sains Indonesian Journal of Law and Justice Honeste Vivere
Saragi, Paltiada
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Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Juridical Analysis of the Legal Protection of Workers / Laborers Against Termination of Employment That Is Not in Accordance with Law Number 6 of 2023 concerning Job Creation Mathesta, Robbin; Wijayati, Ani; Saragi, Paltiada
Jurnal Indonesia Sosial Sains Vol. 5 No. 11 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i11.1484

Abstract

Law No. 6 of 2023 on Job Creation aims to encourage economic growth in Indonesia, but it also brings significant changes to labor regulations, including the expansion of the reasons for Termination of Employment. This research aims to analyze legal protection for workers who are laid off not in accordance with the provisions of the law. In addition, this study seeks to understand the challenges of protecting workers' rights in the midst of increasingly complex labor dynamics. The approach used is a normative approach, analyzing various related regulations, especially the Job Creation Law and the Employment Law. This study also examines the theory of legal certainty, justice, and legal protection as an analytical framework. Using a case study approach, this study analyzes the case of unilateral termination of employment at PT BFI Finance as a concrete example to assess the application of legal provisions in practice. The research method used is normative legal research with secondary data, including primary, secondary, and tertiary legal materials. The results of the study show that the Job Creation Law provides a clearer legal framework regarding the layoff procedure and legitimate reasons. However, there are challenges in the implementation and enforcement of the law that need to be overcome, considering that there is still a gap between legal provisions and practices in the field that can be detrimental to workers' rights. The research recommendations include the need for more intensive socialization to workers and employers about the new provisions, as well as consistent law enforcement to protect workers' rights.
Legal Protection for the Public in the Implementation of CRS and FATCA in Improving Account Opening Compliance at Bank Indonesia Kambey, Yanti Ivone; Pieris, John; Silalahi, Fernando; Saragi, Paltiada
Jurnal Indonesia Sosial Sains Vol. 6 No. 7 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i7.1754

Abstract

This research examines the legal protection for the public in implementing the Common Reporting Standard (CRS) and the Foreign Account Tax Compliance Act (FATCA) at Bank Indonesia. The increasing need for transparency in financial transactions highlights the importance of compliance in bank account openings. FATCA aims to combat tax evasion by requiring foreign financial institutions to report accounts held by U.S. taxpayers. However, this poses challenges to Indonesia’s banking secrecy laws, particularly Pasal 40 of the Undang-Undang Perbankan, which protects customer information. The study explores the implications of these regulations on customer trust and the operational readiness of Indonesian banks to meet international standards. Additionally, it evaluates the cooperation between Indonesia and the United States in enforcing FATCA and the CRS framework, emphasizing the need for regulatory adaptation to ensure compliance without compromising customer confidentiality. The findings indicate that while CRS and FATCA enhance transparency, they also necessitate careful consideration of legal protections for customers to maintain their trust in financial institutions. This research contributes to understanding the intersection of international tax compliance and local banking regulations, providing insights for policymakers and financial institutions in Indonesia.
Women Fishers’ Access to Economic Resources from the Perspectives of Gender Equality and Legal Justice Sitepu, Ied Veda; Panjaitan, Hulman; Saragi, Paltiada
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.3043

Abstract

Women Fishers’ Access to Economic Resources from the Perspectives of Gender Equality and Legal Justice discusses systemic marginalization despite women fishers’ significant contribution to fisheries through post-harvest work, small-scale industries, and even active fishing. This exclusion limits their access to economic resources, and consequently, health services, small-scale fishermen’s loan or even state protection. The objectives of the paper is to examine how patriarchal cultural norms and information asymmetries marginalize women from being recognized as fishers, restrict their access, and how exclusionary legal definitions of “fisher” systematically limit women’s economic participation.The study  uses normative legal research method (normative juridical) with statutory analysis and a sociological legal research method (sociological juridical) to seek and identify the relationship between abstract legal concepts and reality by reviewing legal products that are not gender-responsive and cultural practices that reinforce inequality and discriminatory regulations, patriarchal traditions, and poor access to information collectively hinder women’s economic participation. Achieving gender equality in coastal areas requires reforms in legal recognition, education, and policy implementation to ensure women’s rights as fishers are upheld, thereby advancing social justice and inclusive maritime development.
The Strengthening the Authority of the Public Prosecutor as Dominus Litis an Integrated and Accountable Indonesian Criminal Justice System Henok, Adrianus Herman; Panggabean, Mompang Lycurgus; Saragi, Paltiada
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.26249

Abstract

In Indonesia’s criminal justice system, the Prosecutor’s Office holds the primary function as the Dominus Litis (Case Controller), which means the authority to determine whether a case should proceed to the prosecution stage lies entirely with the public prosecutor. As such, the Prosecutor’s Office is a key factor in ensuring the criminal justice process operates effectively, objectively, and in accordance with the principles of due process of law under the Integrated Criminal Justice System (ICJS). The objectives of this research are: (1) to analyses the concept of Dominus Litis in Indonesia’s criminal justice system and compare it with those of other countries, such as France and the Netherlands; and (2) to evaluate the effectiveness of the Prosecutor’s Office as Dominus Litis in Indonesian law enforcement practices, particularly in its relationship with police investigators under the Integrated Criminal Justice System. This research is a literature-based study employing a normative juridical approach with analytical descriptive characteristics. The conclusions of this research are: the Prosecutor’s Office is a key actor ensuring that the criminal justice process operates effectively, objectively, and in accordance with due process of law under the ICJS, and 4 (four) strategies to strengthen the Prosecutor’s role as Dominus Litis such as: enhancing the competency of human resources within the Prosecutor’s Office, strengthening the integrity and independence of the Prosecutor’s Office, strengthening transparency and accountability in the prosecution process and strengthening coordination with other law enforcement agencies.
Co-Authors Bethlen, Andrew Fernando Silalahi Henok, Adrianus Herman Hulman Panjaitan, Hulman Januar, Inri Jefferson, Steven Kambey, Yanti Ivone Lengkong, Lonna Yohanes Liawati, Mira Sonia Seba Mathesta, Robbin Panggabean, Mompang Lycurgus Pieris, John Saragih, Radisman Sianipar, Andree Washington Sianipar, Andree Washington Hasiholan Sidauruk, Sarjani Simbolon, David Julianto Siringoringo, Poltak Sitepu, Ied Veda Sugianto, Putu Erman Washington Hasiholan, Andree Wijayati, Ani Wiwik Sri Widiarty