Claim Missing Document
Check
Articles

Found 13 Documents
Search

The Role and Benefits of People's Requirements (MPRS) in The Indonesian State System after The 1945 Amendment: Optimization and Challenges Soesatyo, Bambang; Suganda, Atma; Mau, Hedwig A
AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Vol. 1 No. 7 (2024): AKSIOMA : Jurnal Sains, Ekonomi dan Edukasi
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/jxpx3251

Abstract

The study seeks to examine the role and jurisdiction of the People's Assembly of Permusyavaratan (MPR) within the Indonesian statehood system after the modification of UUD 1945. It also intends to identify the efforts made to optimize its functioning and the problems encountered. Normative legal research methods are employed to specifically analyze primary, secondary, and tertiary legal material. The primary legal materials consist of the 1945 Basic Act and its subsequent changes, along with the relevant statutes that regulate the MPR. Secondary legal resources encompass pertinent literature, periodicals, and scientific publications. The research findings indicate that the modifications made to the 1945 UUD have limited the jurisdiction of the MPR, which currently possesses only one primary authority while the others are considered secondary. Constitutional Supremacy establishes the Constitution as the primary framework for governing the state, with the MPR being seen as an autonomous institution alongside the DPR and DPD. While the powers of the MP are restricted, responsibilities like the Socialization of the Four Pillars continue to be essential in maintaining the fundamental foundations of the state. The enhancement of the MPR's authority relies significantly on the agreement among parliament members as stated in the MD3 Act. The primary obstacle it faces is to ensure the MPR remains relevant and effective in a constantly changing statehood environment. The paper suggests implementing strategic initiatives to enhance the role of MPR in the Indonesian statehood system by implementing policy reforms and improving institutional capability.
Implementation Of Criminal Sanctions Against Companies Violating Provincial Minimum Wages From The Perspective Of John Rawls' Theory Of Justice Cahyadi, Dedy; Soesatyo, Bambang
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.439

Abstract

 Violation of the Provincial Minimum Wage (UMP) provisions by companies is still a labor problem in Indonesia. Although there are regulations governing the obligation of companies to pay minimum wages and criminal sanctions for violators, implementation in the field still shows many obstacles, such as weak supervision, low deterrent effect of sanctions, and legal loopholes that allow companies to avoid these obligations. This study uses a normative legal method with a statutory and conceptual approach to analyze the effectiveness of criminal sanctions against companies that violate the UMP based on John Rawls' Theory of Justice. The results show that the existing sanction system does not fully reflect the principle of substantive justice because it does not provide maximum protection for the most vulnerable workers (least advantaged). Therefore, reforms are needed in the law enforcement system, including increasing the capacity of labor inspectors, implementing stricter sanctions based on the company's economic scale, and direct compensation mechanisms for workers who experience violations. Thus, the implementation of the UMP policy can better reflect the principles of social justice and fair distribution from the Rawlsian perspective
Strengthening Legal Protection Against Below Minimum Wages Based on the Principle of Morality Amiruddin, Sulaiman; Soesatyo, Bambang
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.445

Abstract

This study examines legal protection for workers receiving wages below the minimum wage in Indonesia by analyzing Government Regulation Number 51 of 2023 on Wages and Law Number 6 of 2023 concerning Job Creation. Employing a normative legal research method with a statutory and conceptual approach, this research evaluates wage regulation and enforcement through Lon L. Fuller’s principle of legal morality, particularly focusing on legal clarity, consistency, certainty, and conformity between regulation and implementation. The findings indicate that although the existing legal framework formally guarantees workers’ rights to decent wages and provides sanctions for violations, its effectiveness remains limited due to weak labor supervision, inconsistent enforcement, regulatory ambiguities, and low employer compliance. From the perspective of legal morality, these deficiencies undermine the moral integrity of wage law, as regulations often fail to function effectively in practice. Therefore, this study argues that strengthening legal protection requires comprehensive policy reform, stricter and more consistent sanctions, optimization of labor inspection mechanisms, and empowerment of workers and trade unions to ensure that minimum wage regulations operate justly and effectively in safeguarding workers’ welfare.