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Juridical Review of the Impact of Pkwt Workers on Trade Unions/Labour Unions in Companies Tuti Widyaningrum; Turija Turija; Cecep Suhardiman
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6476

Abstract

One of the rights of workers / workers in labor relations is the right to freedom of Organization for workers/workers as a forum to express aspirations and freedom of opinion in public and complain. In its implementation to convey aspirations and opinions in public and complain about workers/workers in need of a container. The issue of Trade Unions / Trade Unions is increasingly raised with the impact of the rise of workers / workers of PKWT status on Trade Union Organizations / Trade Unions. It often happens that workers / laborers do not get injustice at work when dealing with the interests of companies or employers. In this study using normative juridical research methods. The main purpose of Trade Union law is to protect the interests and fight for the basic rights of workers. This goal is based on the basic philosophy that workers/laborers are subordinated to employers or companies. Thus the law or legislation in the form as a tool to meneteralisir inequality between workers/laborers with employers or companies. Therefore, when the law cannot balance this subordination, this happens because of a failure in substance and interests that are more in favor of the entrepreneur or company.
Criminal Act of Document Forgery Under Article 263 Paragraphs (1) and (2) of the Indonesian Penal Code Tedy Subrata; Suandi Suandi; Markuat Markuat; Salmah Salmah; Turija Turija; Chairul Aman
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.712

Abstract

Document forgery is a criminal offense that frequently occurs in society, despite being clearly regulated under Article 263 Paragraphs (1) and (2) of the Indonesian Penal Code (KUHP). This community service activity, conducted in Bantarpanjang Village, Tigaraksa District, Tangerang Regency, aims to raise public legal awareness regarding document forgery crimes. Through legal education sessions, the community was informed about the elements of documented forgery offenses, various forms of forgery, and the associated legal consequences, including imprisonment of up to six years. The program also emphasizes the importance of verifying the authenticity of documents used in legal and social transactions. The results showed high enthusiasm and participation from the community, along with an increase in their understanding of the importance of valid legal documents. Comprehensive evaluations were carried out to measure the effectiveness, sustainability, and impact of the program in enhancing community legal awareness.
Penyuluhan Hukum tentang Tindak Pidana Pemalsuan Dokumen kepada Masyarakat Desa Bantarpanjang Berdasarkan Pasal 263 KUHP Tedy Subrata; Suandi Suandi; Markuat Markuat; Salmah Salmah; Turija Turija; Chairul Aman
KREATIF: Jurnal Pengabdian Masyarakat Nusantara Vol. 5 No. 2 (2025): Jurnal Pengabdian Masyarakat Nusantara
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/kreatif.v5i2.7346

Abstract

This community service activity was conducted in Bantarpanjang Village, Tigaraksa District, Tangerang Regency, with the theme "Criminal Violations Against Document Forgery According to Article 263 of the Indonesian Criminal Code". As a state governed by law, Indonesia mandates that all actions of its citizens must be based on legal principles. The rule of law must be upheld consistently to ensure justice in society. One prevalent issue today is the crime of document forgery, which is increasingly sophisticated due to technological developments. Article 263 of the Indonesian Criminal Code (KUHP) regulates two types of document forgery. Paragraph (1) addresses individuals who create or alter documents to generate rights or obligations, or to be used as valid evidence with deceptive intent. Paragraph (2) covers those who deliberately use such forged documents as if they were genuine, which may result in harm to others. Legal sanctions for violating this article include imprisonment for up to six years and/or a fine of up to one billion rupiah. Through this community legal education, the public is expected to gain a better understanding of the legal consequences of document forgery and to increase awareness of the importance of maintaining integrity and legal compliance in their daily lives.
Legal Liability of Contract Workers Who Terminate Employment Relationships Unilaterally: A Study of Article 17 of Government Regulation Number 35 of 2021 Turija; Indrayanto
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

This study is intended to describe the form of legal accountability for workers with the status of Fixed Time Work Agreements (PKWT) who resign without going through the agreed procedures, as well as assess the implementation of Article 17 of Government Regulation No. 35 of 2021 regarding the termination of employment before the contract period ends. The research uses normative juridical methods through literature search, analysis of laws and regulations, legal principles, and doctrines related to employment. The results of the study show that unilateral resignation by PKWT workers does not eliminate the right to compensation, because employers are still obliged to pay compensation money as stipulated in Article 15 and Article 17 of Government Regulation No. 35 of 2021 based on the actual working period. However, the implementation of this rule often does not run optimally because many workers choose not to demand their rights, plus the practice of oral PKWT, which opens up room for deviations from contractual principles. Therefore, it is necessary to increase supervision and enforcement of rules by the government, especially the Manpower Office, so that the protection of PKWT workers is carried out effectively.
Regulatory Harmonization in Indonesian Labor Law: The Principle of Lex Posterior Derogat Legi Priori and Outsourcing Regulations After Minister of Manpower Regulation No. 7 of 2026 Turija Turija; Suandi Suandi; Nasaruddin Nasaruddin
Journal of Social Work and Science Education Vol. 7 No. 3 (2026): Journal of Social Work and Science Education
Publisher : Yayasan Sembilan Pemuda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52690/jswse.v7i3.1604

Abstract

The issuance of Minister of Manpower Regulation Number 7 of 2026 has introduced significant changes to Indonesia’s outsourcing regime and has raised concerns regarding its consistency with existing labor regulations. These developments have intensified debates on legal certainty and the appropriate methods for resolving conflicts among labor law provisions. This study examines the relevance of the principle of lex posterior derogat legi priori in addressing inconsistencies within the legal framework governing outsourcing practices in Indonesia. Using a normative legal research method, the study applies statutory, conceptual, and case-based approaches to analyze several key legal instruments, including the Manpower Law, the Job Creation Law, Constitutional Court Decision Number 168/PUU-XXI/2023, and Minister of Manpower Regulation Number 7 of 2026. The analysis demonstrates that the principle of lex posterior derogat legi priori cannot independently resolve regulatory conflicts. Its implementation must be complemented by the principle of lex superior derogat legi inferiori and supported through broader legislative harmonization efforts. The study also identifies persistent uncertainties concerning employment relationships, worker protection, and the allocation of legal responsibilities between outsourcing providers and user companies. Therefore, stronger regulatory harmonization, effective enforcement, and clear transitional arrangements are necessary to ensure legal certainty and a more balanced outsourcing system.
Reorientasi Demokrasi Elektoral Pasca Penghapusan Presidential Threshold: Telaah Konstitusionalisme dan Siyasah Dusturiyah terhadap Desain Pencalonan Presiden Moh Sohib; Fitri Ida Laela; Turija
ijd-demos Volume 8, Issue 2 (2026)
Publisher : HK-Publishing

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Abstract

Abstrak The abolition of the presidential threshold through Constitutional Court Decision Number 62/PUU-XXII/2024 marks a significant development in Indonesia’s electoral democracy. Previously, the presidential nomination threshold restricted the ability of electoral political parties to nominate presidential and vice-presidential candidates and potentially narrowed citizens’ political choices. This study aims to examine the direction of electoral democracy following the abolition of the presidential threshold from the perspectives of constitutionalism and siyasah dusturiyah. The research employs a normative legal method with a conceptual approach, focusing on the principles of democracy, limitations on governmental power, and Islamic political justice. The findings indicate that the removal of the presidential threshold strengthens the principle of equal political rights, broadens access to presidential candidacy, and reduces the dominance of party elites in the political recruitment process. From the perspectives of constitutionalism and siyasah dusturiyah, the regulation of presidential nominations should be grounded in the principles of justice, equality, deliberation, public welfare (maslahah), and limitations on power. The study implies the need for a reformulation of presidential nomination regulations that are more inclusive, non-discriminatory, and oriented toward strengthening popular sovereignty within Indonesia’s presidential system. Keywords: Presidential Threshold; Electoral Democracy; Constitutionalism; Siyasah Dusturiyah   Abstrak Penghapusan presidential threshold melalui Putusan Mahkamah Konstitusi Nomor 62/PUU-XXII/2024 menandai perubahan penting dalam demokrasi elektoral Indonesia. Sebelumnya, ketentuan ambang batas pencalonan presiden membatasi kesempatan partai politik peserta pemilu untuk mengusulkan pasangan calon serta berpotensi mempersempit pilihan politik masyarakat. Penelitian ini bertujuan menganalisis arah demokrasi elektoral pasca penghapusan presidential threshold melalui perspektif konstitusionalisme dan siyasah dusturiyah. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan konseptual terhadap prinsip demokrasi, pembatasan kekuasaan, dan keadilan politik Islam. Hasil penelitian menunjukkan bahwa penghapusan presidential threshold memperkuat prinsip persamaan hak politik, memperluas akses pencalonan presiden, dan membatasi dominasi elite partai dalam proses rekrutmen politik. Dalam perspektif konstitusionalisme dan siyasah dusturiyah, pengaturan pencalonan presiden harus berlandaskan keadilan, kesetaraan, musyawarah, kemaslahatan, dan pembatasan kekuasaan. Implikasi penelitian ini adalah perlunya reformulasi regulasi pencalonan presiden yang lebih inklusif, nondiskriminatif, dan berorientasi pada penguatan kedaulatan rakyat dalam sistem presidensial Indonesia. Kata kunci: Presidential Threshold; Demokrasi Elektoral; Konstitusionalisme; Siyasah Dusturiyah