Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora
Vol 6, No 2 (2023): 2023

SIYASAH DUSTURIYYAH DAN KEPASTIAN HUKUM DALAM PASAL 59 PERATURAN PEMERINTAH NOMOR 35 TAHUN 2021

Ramadani Siregar (UIN Sunan Kalijaga)



Article Info

Publish Date
20 Aug 2023

Abstract

This research is motivated by the existence of a derivative regulation from the work copyright law, namely government regulation number 35 of 2021 which has caused a polemic, namely regarding the determination of employment regarding severance pay. Stating that the amount of severance pay given by UMKM entrepreneurs is based on an agreement between the employer and the worker. This causes article 59 to look vague and contains a lawsuit, because severance provisions are not stated in the provisions and open up opportunities for unilateral determination of severance pay by the employer. This type of research is descriptive-analytical library research and uses a juridical-normative approach. The primary legal materials used are the Job Creation Law of 2020 and Government Regulation Number 35 of 2021. Secondary legal materials used are the Koran and hadith, fiqh, books, journals. The results of this study are that Government Regulation Number 35 of 2021 has not been able to provide legal certainty for MSME workers because according to labor regulations the agreement between employers and workers is not sufficient because severance pay must comply with existing provisions, and has violated the principle of labor protection and is contrary to law work copyright. As with siyāsah dustūriyyah, in essence the relationship between the government and the people and the protection of people's rights must be able to provide protection, namely protection of their lives.

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Journal Info

Abbrev

Justitia

Publisher

Subject

Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Description

Ruang lingkup artikel yang diterbitkan dalam JUSTITIA : Jurnal Ilmu Hukum dan Humaniora berhubungan dengan berbagai topik di bidang Hukum Perdata, Hukum Pidana, Hukum Internasional, Hukum Administrasi, Hukum Islam, Hukum Konstitusi, Hukum Lingkungan, Hukum Acara, Hukum Antropologi, Hukum Medis , ...