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All Journal Jurnal Hukum Sehasen
Saut Parulian Panjaitan
Universitas Sriwjaya, Palembang

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Legal Protection Of The Rights Of Workers Who Enter Retirement Age Nopita Sari; Saut Parulian Panjaitan; Suci Flambonita
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5608

Abstract

Until now, the Labor Law still does not clearly and definitely regulate the retirement age limit for workers or laborers. As a result, even though workers' rights have been regulated in law, the protection provided is not yet fully comprehensive for workers or laborers. Research shows that legal protection for workers' or workers' rights, which should reflect aspects of the welfare of citizens in accordance with the state constitution, is still unclear in Law Number 13 of 2003 regarding the retirement age limit for workers. At lower policy levels, such as Ministry Regulations (PK), Government Regulations (PP), or Head of Agency Regulations (PKB), not all of them regulate this issue in detail, so the role of Trade Unions (SP) is important in the process of making them. However, supervision of workers or laborers is also limited due to a lack of efficient supervision. Considering this problem, the revision of Law Number 13 of 2003 concerning Manpower, by including provisions regarding retirement age limits, is important to provide protection within a better legal framework for workers or laborers.
Judges' Legal Considerations Obstacles Of Justice By Advocates Make It Difficult In Investigations, Prosecutions And Judicial Processes Against Defendants In Corruption Crimes M Ridwan; Saut Parulian Panjaitan; Ruben Achmad
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.6005

Abstract

The aim of this research is to analyze law enforcement related to obstruction of justice and juridical responsibility if lawyers (advocates) deliberately obstruct investigations, investigations and prosecution processes: The method of this research is normative legal research with an approach used by regulations (laws). Statutory Approach), Case Approach. Analysis of legal materials uses qualitative analysis and deductive conclusion drawing. Research Results Factors that influence law enforcement related to obstacles to justice in prosecution for criminal acts of corruption include: The legal substance factor, namely that Article 21 of the Corruption Eradication Law does not clearly regulate prohibited acts. Article 21 only states "intentionally preventing, obstructing or thwarting". This creates uncertainty regarding what actions are intended to prevent, hinder or thwart. The position and function of an advocate is equal to that of clients and other law enforcers, so that advocates participate in enforcing the law professionally based on justice and truth. The function of an advocate is to accompany clients starting from the process at the initial level of providing legal advice, as well as everything related to the client's interests in order to obtain opportunities and equality. rights before the law, duties and responsibilities of advocates.