Purba, Guvo Deswarth
Tebing Tinggi Police Station

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The Rule of Law as the Theoretical Basis for State Administrative Law Purba, Guvo Deswarth; Sarhan, Muhyiddin Hilal
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29044

Abstract

The rule of law is a fundamental principle in governance that places law as the foundation and limit of state power. In the context of state administrative law, the principle of the rule of law plays a crucial role in regulating the implementation of government authority and providing legal protection for citizens. Administrative law is the primary instrument for ensuring that government actions and decisions are implemented based on the principle of legality, general principles of good governance, and effective oversight mechanisms. This study employs a normative legal research method with a statutory and conceptual approach. The legal materials used consist of statutory regulations, expert doctrines, and relevant legal literature. The analysis is descriptive-analytical. The discussion in this journal begins with an elaboration of the concept of the rule of law as the theoretical basis of state administrative law, followed by a discussion of legal protection for citizens and the application of general principles of good governance, as well as the implications of the rule of law for governance. The results of the discussion indicate that the principle of the rule of law plays a crucial role in limiting government power and realizing an orderly, accountable, and just government.
Legal Protection for Digital Platform Workers: A Legal Analysis of Partnership Relations from the Perspective of Employment Law in Indonesia Purba, Guvo Deswarth; Amira, Nia
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29143

Abstract

The rapid development of the digital economy in Indonesia has given rise to a new work model through digital platforms that bases employment relationships on the concept of partnership. However, this model creates legal ambiguity due to the weak bargaining position of platform workers and the existence of elements of employment relationships that are factually fulfilled but formally omitted. This study aims to analyze legal protection for digital platform workers and review the status of partnership relationships from the perspective of labor law in Indonesia, particularly after the implementation of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into law.