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All Journal Journal of Law, Poliitic and Humanities Golden Ratio of Law and Social Policy Review (GRLSPR)
Carina Budi Siswani
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Review Analysis of the Protection of Workers' Wage Rights in the MSME Sector in Manokwari Djaena, Oktafina; Samangun, Christina; Carina Budi Siswani
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1560

Abstract

This study examines the legal protection of workers' wage rights in the Micro, Small, and Medium Enterprises (MSMEs) sector in Manokwari, which continues to face various legal and factual obstacles. Although national regulations, such as the revised Law Number 13 of 2003 concerning Manpower and Government Regulation Number 36 of 2021, have established wage standards, implementation in the field remains far from optimal. Informal employment conditions, low worker legal awareness, and limited local government oversight hinder the adequate fulfillment of wage rights. Furthermore, enforcement of legally binding court decisions also faces various substantive and procedural obstacles. This study uses a normative-empirical approach using literature study methods and qualitative analysis to examine laws and regulations, implementation practices in the field, and the role of law enforcement officials, particularly the prosecutor's office. The findings indicate that synergy between regulatory strengthening, worker empowerment, effective oversight, and the strategic role of law enforcement officials is crucial to improving the protection of MSME workers' wage rights in Manokwari. The results of this study are expected to form the basis for developing employment law enforcement policies and strategies that are more favorable to workers in the MSME sector, particularly in areas with unique socio-economic and geographical challenges.
Effectiveness of Regional Regulation Implementation in Guidance and Protection of Street Vendors in Manokwari Regency: A Study of Policy Analysis and Socio-Economic Impacts Setitit, Paskalina; Roberth KR Hammar; Carina Budi Siswani
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1565

Abstract

This study aims to assess the effectiveness of the implementation of Manokwari Regency Regional Regulation Number 15 of 2021 concerning the Arrangement and Empowerment of Street Vendors (PKL) and its socio-economic impact on these micro-enterprises. As the capital of West Papua Province, Manokwari Regency is experiencing rapid population growth and urbanization, which impacts the dynamics of urban space and increases street vendor activity in strategic public spaces. This regional regulation is expected to be an instrument that not only regulates street vendors' physical and legal existence but also empowers them to transform into independent and competitive formal business actors. However, this study found that implementing the Regional Regulation still faces significant obstacles, such as low legal awareness and understanding among street vendors, suboptimal coordination between government agencies, and locations for street vendor relocations that are considered less strategic and impact the sustainability of their businesses. This creates a gap between written legal norms (law on the books) and actual practice (law in action), resulting in less than optimal guidance and protection for street vendors. The socio-economic impacts of implementing the Regional Regulation are also diverse. On the one hand, street vendors (PKL) significantly support the informal economy and reduce unemployment in Manokwari Regency. On the other hand, the less participatory arrangement and the dominance of a repressive approach create uncertainty and resistance among street vendors, which impacts their income stability and engagement in development programs. This study emphasizes the importance of a more integrated, participatory, educational, and empowering approach and increased synergy between agencies to ensure inclusive and sustainable policy implementation. The research methodology employed a qualitative approach, collecting data through semi-structured interviews, participant observation, and official document analysis. Data analysis used manual reduction and coding techniques to identify key themes. Validity and reliability were maintained through data triangulation and member checking. The results of this study are expected to provide strategic policy recommendations for the development and protection of street vendors (PKL), which can harmonize urban development needs with the welfare of micro-communities, particularly in autonomous regions with unique socio-cultural characteristics such as West Papua.
Implementation of Court Decisions that Have Permanent Legal Force by Prosecutors Against Fugitive Convicts on the Wanted List (DPO): A Case Study in Papua, Indonesia Renjaan, Johanis; Roberth KR Hammar; Carina Budi Siswani
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1566

Abstract

Executing final and binding court decisions is a crucial phase in criminal law enforcement in Indonesia. Particularly in Papua Province, the execution of fugitive convicts on the Wanted List (DPO) faces complex and multidimensional challenges. This study aims to analyze the execution mechanism, identify obstacles faced by prosecutors as decision executioners, and evaluate strategies implemented to improve the effectiveness of executions in Papua. The research method used is normative law with a qualitative approach, which examines secondary legal materials and related empirical data. The research findings show that executions in Papua are not limited to formal legal aspects but are heavily influenced by geographic, socio-cultural, and technological limitations. Rugged terrain, strong customary traditions, and social and community networks that protect fugitives are major obstacles slowing down the enforcement process. Furthermore, administrative issues, such as delays in sending copies of court decisions to the Prosecutor's Office, also hinder executions. These obstacles require a holistic strategy integrating formal law enforcement and cultural approaches. The strategies implemented by prosecutors in Papua include preventive measures, such as cross-institutional supervision and coordination, repressive measures such as formal summonses, the determination of wanted list status, and the forced arrest of uncooperative convicts. This study emphasizes the synergy between legal aspects, information technology, and sensitivity to the local context in addressing these challenges. An adaptive approach considering Papuan sociocultural values has been shown to increase public support and accelerate the execution process. This study recommends strengthening coordination between law enforcement and agencies by developing locally responsive information technology, involving traditional leaders in the legal process, reforming policies, and training law enforcement officials. This will enable more effective, efficient, and equitable implementation of Papua court rulings while strengthening public trust in the criminal justice system.
Implementation of Good Faith Principles in Trademark Registration in Indonesia Carina Budi Siswani
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2547

Abstract

In the era of globalization and free trade, trademarks play a strategic role as the identity, reputation, and quality assurance of products and services. Therefore, the trademark registration system must provide fair and effective legal protection. The principle of good faith is one of the fundamental pillars of Indonesia’s trademark registration system, as stipulated in Article 21 paragraph (3) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This principle aims to prevent trademark registrations made in bad faith, such as copying or exploiting the reputation of existing trademarks. This study employs a normative legal research method with statutory, conceptual, and case approaches. The findings indicate that the application of the good faith principle is implemented through administrative and substantive examinations by the Directorate General of Intellectual Property (DJKI), third-party objection mechanisms, and judicial oversight. Cases such as Pierre Cardin, VANS, and Geprek Bensu illustrate the importance of this principle in upholding substantive justice and protecting legitimate trademark owners. However, its implementation faces several challenges, including difficulties in proving bad faith, limited institutional capacity, and low awareness among business actors. Therefore, strengthening technical regulations, enhancing institutional capacity, and utilizing information technology are strategic steps to optimize the implementation of the good faith principle in Indonesia’s trademark registration system.
Co-Authors Djaena, Oktafina Renjaan, Johanis Roberth KR Hammar Samangun, Christina Setitit, Paskalina