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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.
Religious Freedom and House of Worship Licensing on Private Land Siahaan, Ester Debora; Panjaitan, Hulman; Saragi, Paltiada
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3826

Abstract

Introduction: This article analyzes the legal protection of religious freedom regarding the licensing of houses of worship built on private land. While the Indonesian Constitution strictly guarantees the right to worship, administrative barriers often hinder this fundamental freedom. This study specifically addresses the practical challenges and discriminatory requirements faced by minority religious groups in navigating restrictive local regulations.Purposes of the Research: The purpose of this article is to evaluate the legal alignment between constitutional rights and administrative regulations regarding the establishment of places of worship. Examine the interaction between individual land ownership rights (Property Certificate) and licensing requirements. Furthermore, this study explores a more sensitive legal protection model to ensure legal certainty for minority groups in Indonesia.Methods of the Research: This study uses a normative legal method by examining legal norms, principles, and doctrines related to religious freedom. The study uses legislative, conceptual, and case approaches, focusing on Gereja Kasih Karunia Indonesia (GEKARI) in Jakarta. Data analysis is carried out qualitatively through systematic and constitutional interpretation of primary and secondary legal materials.Findings of the Research: The findings prove that restrictive administrative requirements, such as local community support, create a "social veto" that undermines constitutional religious freedom. This research offers a novel perspective by integrating agrarian law’s social function with administrative law to protect worship on private property. It concludes that shifting from a social-approval model to objective administrative verification is essential for legal certainty.