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Implementation of Protection of Wage Rights for Workers in The Micro, Small, And Medium Enterprise (MSMEs) Sector Djaena, Oktofina; Samangun, Christina; Siswani, Carina Budi
Golden Ratio of Law and Social Policy Review Vol. 4 No. 2 (2025): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v4i2.1804

Abstract

Wages are a basic worker's right that must be protected by the state as a form of social justice and labor protection. This article examines the implementation of wage protection for workers in the Micro, Small, and Medium Enterprises (MSMEs) sector in Manokwari Regency, focusing on the effectiveness of regulations and the oversight role of local governments. The research methods used are normative and empirical juridical, through an analysis of the provisions of Law Number 6 of 2023 concerning Job Creation, Government Regulation Number 36 of 2021 concerning Wages, and West Papua Provincial Regulation Number 6 of 2022 concerning Manpower Implementation. The study results indicate that legal protection for MSME workers has been regulated normatively, but its implementation still faces structural and cultural obstacles, including weak legal awareness among MSME actors and limited labor supervision. The Manpower Office holds a strategic position in realizing wage protection, but requires strengthening its supervision system and digitizing labor services. This research recommends increasing the capacity of MSMEs, optimizing technology-based monitoring mechanisms, and fostering multi-sector collaboration to ensure the fulfillment of wage rights fairly and sustainably.
Legal Protection For Consumers In Electronic Transactions Lambi, Manuel; Siswani, Carina Budi
Eduvest - Journal of Universal Studies Vol. 4 No. 1 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i1.1018

Abstract

The development of e-commerce transactions also provides opportunities and challenges for consumers. The opportunity for consumers is that they can easily and quickly get the goods or services they need. However, the challenge for consumers is the risk of fraud or violation of consumer rights in e-commerce transactions. The aim of this research is to determine legal protection regulations and their implementation for consumers in e-commerce transactions in Indonesia. This research uses legal research methods with a normative juridical approach. The data collection technique in this research is literature study. The data that has been collected is then analyzed qualitatively by understanding and interpreting the data in depth. The research results show that aspects of legal protection for consumers in buying and selling transactions via electronic media are regulated in several laws, namely Law Number 8 of 1999 concerning Consumer Protection, Law Number 7 of 2014 concerning Trade, and Law Number 19 of 2016 concerning Changes. Implementation of this Law is carried out through several steps, including the establishment of special regulations detailing consumer rights and obligations in electronic transactions. Apart from that, implementation also involves active law enforcement to deal with violations of consumer protection provisions as well as efforts to increase consumer awareness through various education and information programs.
Responsibility of Bank Financial Institutions for The Loss of Customer Money Saved In Their Accounts Wattimena, Yohanes Yosua; Renjaan, Henrikus; Siswani, Carina Budi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1486

Abstract

This study analyzes the legal responsibility of banking and financial institutions for the loss of customer funds stored in their accounts, a problem that has grown alongside the rapid expansion of digital banking and financial technology in Indonesia. Using a normative juridical method with statutory, conceptual, and case approaches, this research examines the legal foundations, scope of liability, and dispute-resolution mechanisms applicable when customer funds are lost due to system errors, internal negligence, or cybercrime. The findings reveal that banks’ obligations arise from multiple legal regimes: contractual liability under deposit agreements, non-contractual liability for unlawful acts, administrative obligations under the Banking Law and OJK regulations, and strict liability principles under consumer protection law. Although these norms require banks to safeguard customer assets, investigate losses, and provide compensation, practical implementation often remains weak, leaving customers in a disadvantaged position during dispute resolution. Mediation through OJK and internal complaint units provides alternative mechanisms, yet outcomes are not always binding or effective. Strengthening prudential principles, cybersecurity standards, and supervisory enforcement is essential to ensure substantive protection for customers and maintain public trust in the financial system
Effectiveness of Law Enforcement of Banking Crimes in Banking Law in Indonesia Windesi, Abalion Ayub; Renjaan, Henrikus; Siswani, Carina Budi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1510

Abstract

This study examines the effectiveness of law enforcement against banking crimes within the framework of Indonesia’s Banking Law, particularly Law Number 10 of 1998. Although the legal framework normatively provides comprehensive provisions regarding bank secrecy, prudential principles, licensing, financial reporting, and sanctions, its implementation remains constrained by structural, technical, and institutional challenges. Using a normative juridical method supported by statutory, conceptual, and case approaches, this research analyzes the extent to which existing regulations have achieved the goals of legal certainty, justice, and utility as conceptualized in Radbruch’s theory. Findings indicate that overlapping institutional authority, limited investigative capacity, evidentiary barriers due to strict bank secrecy, and weak inter-agency coordination hinder effective enforcement. Additionally, disparities in digital forensic facilities and inadequate internal control systems within banking institutions reduce the ability to detect and prosecute violations. Through the lens of Soerjono Soekanto’s and Lawrence Friedman’s theories of legal effectiveness, this study concludes that while the normative substance is adequate, enforcement remains suboptimal. Strengthening institutional coordination, enhancing investigator competence, updating regulations to meet digital era banking complexities, and promoting a culture of transparency and compliance are essential for improving law enforcement outcomes
Implementation of the Use of Force by Police Officers In Handling Mass Actions Based On The Regulation of The Chief of The Indonesian National Police Number 1 of 2009 Jaftoran, Allan Fredrik; Siswani, Carina Budi; Hammar, Imanuel I.R.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1515

Abstract

This study examines the implementation of the use of force by Indonesian National Police (Polri) officers in handling mass demonstrations, focusing on the application of Regulation of the Chief of the Indonesian National Police Number 1 of 2009. Using a normative juridical method, the research analyzes statutory provisions, legal doctrines, and selected empirical cases from West Papua to assess compliance with the principles of legality, necessity, proportionality, and accountability. The findings indicate that, although the regulatory framework has formally adopted international human rights standards and a graduated use-of-force model, significant gaps persist between normative rules and operational practice. In several documented incidents, coercive measures such as tear gas, rubber bullets, and mass arrests were applied prematurely, without sufficient de-escalation efforts or transparent post-action accountability. These shortcomings are influenced by structural weaknesses in internal oversight, limited professional training, and an institutional culture that prioritizes security over dialogue-based policing. The study concludes that strengthening external oversight mechanisms, enhancing human rights-based training, and reforming organizational culture are essential to align police practices with democratic principles and international standards on the use of force