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All Journal Justitia et Pax Riwayat: Educational Journal of History and Humanities
Prasetyo, Rudy Wahyu
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Existence of Criminal Sanctions for Alleged Violations of the Right to Association Feliks, Danggur; Wijayanti, Asri; Prasetyo, Rudy Wahyu
Riwayat: Educational Journal of History and Humanities Vol 8, No 1 (2025): Januari, Special Issue on "Educational design research for human beings learning
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i1.43745

Abstract

The urgency of this research is the realization of a sense of justice from the perspective of labor law on the violation of the right to association based onthe Sustainable Development Goals(SDGs)Point8.8.2. The existence of changes in legal rules on the possibility of alternative settlement of labor crimes with the threat of criminal sanctions of less than five years through restorative justice, has resulted in social conflicts and disruption of the conduciveness of industrial relations and national stability. A labor law review of the violation of the right to association based onSDGs point8.8.2The purpose ofthis study is to find out the existence of criminal sanctions for the violation of the right to union.This research method uses a normative juridical approach withastatute approachanda case approach.The result of the studyis the existence of criminal sanctions for violations of the right to association, based on the existence of strong evidence. Meanwhile, in practice, there is a clash with the existing evidence showing that the case is not a case in the field of criminal law but a case in the field of industrial relations dispute law that falls into the territory of civil law.
MODEL HUBUNGAN HUKUM DAN SISTEM KERJA PETANI MILLENNIAL BERBASIS KEBENARAN FORMAL Prasetyo, Rudy Wahyu; Wijayanti, Asri; M. Zamroni
Justitia et Pax Vol. 41 No. 2 (2025): Justitia et Pax Volume 41 Nomor 2 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i2.12203

Abstract

Millennial farmers are a farmer regeneration program. Millennial farmers are legal subjects in industrial relations. The success of the millennial farmer program can be hampered if the agreement on which the legal relationship is based is blurred. The status of legal relationships related to millennial farmers is not enough just a work relationship, another form is needed. This research takes the problem is how the legal relationship can occur in the work system of millennial farmers, how formal truth can be the basis for settlement in the event of a dispute, and how the concept of formal truth is used as a basis for making autonomous rules for millennial farmers. This normative legal research uses a statute approach. The conclusion of this study is that legal relationships can occur in the work system of millennial farmers, consisting of employment relationships, apprenticeships, leases, debts and receivables, buying and selling, cooperation or partnerships, and relationships in groups. Formal truth, which can be the basis for settlement in the event of a dispute, is based on civil procedure law. The concept of formal truth that is used as the basis for making autonomous rules for millennial farmers is the truth based on the substance and procedures in the agreement on which the legal relationship is based.
Co-Authors Asri Wijayanti Feliks, Danggur M. Zamroni