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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Legal Protection for the Partnership Agreement Parties
Amin Ayub, Zainal
Unknown Affiliation
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law Muslim, Shohib; Hadiwinata, Khrisna; Khoirunnisa, Rizqi; Hadiyantina, Shinta; Amin Ayub, Zainal
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.22152

Abstract

The International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state's ability to safeguard its inhabitants, particularly those who work overseas, so that they can be treated with the respect and dignity befitting human beings. The private sector, represented by PTKIS, is given broad responsibilities by Law Number 18 of 2017 concerning the placement and protection of Indonesian workers abroad. However, Chapter VI of the law provides protection only during placement and does not include a comprehensive protection system. This study employs normative legal research using both a concept and statutory approaches. The study concludes that significant changes are required, including giving the government more authority to place and protect migrant workers. Up to now, there has been no clear definition of the extent or boundaries of this authority. It remains challenging to apply the development of legal frameworks and protections for migrant workers in line with the labour rights principles outlined in the ILO convention on the protection of all migratory workers to the issues encountered by workers overseas. The protection of migrant workers is frequently implemented in a fragmented and unsustainable way.
Legal Aspects of Political Party Internal Conflict Resolution: A Case Study in Indonesia Hartati, Hartati; Zarkasi, Zarkasi; Syamsir, Syamsir; Putra, Firmansyah; Subekti, Dimas; Amin Ayub, Zainal
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1842

Abstract

This research aims to explain the dispute resolution mechanism of political parties in Indonesia. This research uses normative juridical methods. The findings of this study are based on the provisions in Article 32, paragraph (2), which, on the one hand, position the Party Court as the first-level court in resolving internal political party disputes. Still, the decision of the Party Court as a first-level decision is not final. Then, the position of the party court also does not stand independently, but is still bound internally by the organization. Thus, it is vulnerable to interest intervention in every decision. Furthermore, based on the regulations of the Political Party Law regarding the settlement of party disputes, it has not applied the principles of simple, fast, and low-cost justice. Therefore, regulating political party dispute resolution institutions in Indonesia should be redesigned to have a single-entry point, namely, through a special court. In addition, changing the position of the political party dispute resolution institution as a special judicial body under the general court will make decisions in the field of political party disputes binding for all parties. This research contributes to the development of institutional theory and judicial law in the context of the political system. On the other hand, this research also directly relates to constitutional practice and legal reform in Indonesia, particularly in the context of reforming regulations for resolving disputes within political parties.
Legal Aspects of Political Party Internal Conflict Resolution: A Case Study in Indonesia Hartati, Hartati; Zarkasi, Zarkasi; Syamsir, Syamsir; Putra, Firmansyah; Subekti, Dimas; Amin Ayub, Zainal
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1842

Abstract

This research aims to explain the dispute resolution mechanism of political parties in Indonesia. This research uses normative juridical methods. The findings of this study are based on the provisions in Article 32, paragraph (2), which, on the one hand, position the Party Court as the first-level court in resolving internal political party disputes. Still, the decision of the Party Court as a first-level decision is not final. Then, the position of the party court also does not stand independently, but is still bound internally by the organization. Thus, it is vulnerable to interest intervention in every decision. Furthermore, based on the regulations of the Political Party Law regarding the settlement of party disputes, it has not applied the principles of simple, fast, and low-cost justice. Therefore, regulating political party dispute resolution institutions in Indonesia should be redesigned to have a single-entry point, namely, through a special court. In addition, changing the position of the political party dispute resolution institution as a special judicial body under the general court will make decisions in the field of political party disputes binding for all parties. This research contributes to the development of institutional theory and judicial law in the context of the political system. On the other hand, this research also directly relates to constitutional practice and legal reform in Indonesia, particularly in the context of reforming regulations for resolving disputes within political parties.
Co-Authors Dimas Subekti Firmansyah Putra Hadiwinata, Khrisna Hartati Hartati Muslim, Shohib Rizqi Khoirunnisa Shinta Hadiyantina Syamsir Syamsir Zarkasi, Zarkasi