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All Journal Electoral Governance : Jurnal Tata Kelola Pemilu Indonesia Estudiante Law Journal
Mardian Yoel, Siciliya
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Estudiante Law Journal

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Challenging Corruption: Impacts on State Finances, Economy, and the Ratification of UNCAC Wahyu Agatha, Safira; Puasa Handayani, Emi; Mardian Yoel, Siciliya
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.16576

Abstract

This study aims to analyze the differences in meaning between "causing financial losses to the state" and "causing economic losses to the state" as stipulated in Law Number 20 of 2001 on the Eradication of Corruption (Anti-Corruption Law) and the implications of the ratification of the United Nations Convention Against Corruption (UNCAC) 2003 on the provisions of the law. The research employs a normative juridical method with a legislative and conceptual approach. The findings indicate that the term "causing financial losses to the state" has a narrower scope compared to "causing economic losses to the state," which encompasses broader dimensions. UNCAC 2003 does not explicitly define either term but categorizes any form of harm to state assets as corruption. Additionally, UNCAC establishes five formats for international cooperation, including extradition and joint investigations, which can strengthen anti-corruption efforts. In conclusion, harmonizing the provisions of the Anti-Corruption Law with UNCAC is necessary to clarify definitions, enhance legal certainty, and promote economic stability. It is recommended to implement stricter measures regarding UNCAC's cooperation framework.
Protecting Migrant Workers' Rights in Overseas Work Accidents under Article 17(1) Permenaker No. 18/2018 Ardhiyanti, Fitri; Khayatudin, Khayatudin; Mardian Yoel, Siciliya
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.16451

Abstract

This study examines the regulations governing work accident insurance claims issued by BPJS Employment, which serves as a stakeholder for Indonesian Migrant Workers (PMI) in their host countries. Often, PMIs encounter difficulties in claiming the Work Accident Insurance (JKK). The purpose of this research is to elucidate the procedures for filing work accident claims for PMIs. This study adopts a normative juridical method. The findings indicate that there are two stages involved in claiming JKK for PMIs in the host country. The first stage must be carried out within a maximum of seven days after the work accident occurs, accompanied by the required supporting documents. The second stage must be completed within a maximum of seven days after the worker has fully recovered. Furthermore, PMIs who are already in the host country but cannot claim their work accident benefits particularly those requiring treatment in Indonesia are entitled to compensation as stipulated in Article 17 paragraphs (2) and (4) of Minister of Manpower Regulation Number 18 of 2018
Co-Authors Ardhiyanti, Fitri Ardhy Prasetya, Wimpy Firdaus, Sivol Khayatudin, Khayatudin Puasa Handayani, Emi Saivol Virdaus Wahyu Agatha, Safira