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INDONESIA
Khairun Law Journal
Published by Universitas Khairun
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 163 Documents
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INDONESIAN EMPLOYMENT INSURANCE: A POLICY REVIEW imran syuaib; Martin Lumeo Harima; Tranc Dinh Puon; Aida Fitriani; Markotib Markotib
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5433

Abstract

Insurance is considered a very useful form of defense, and can avoid risks in carrying out work or other activities. During activities, of course, there are risks and dangers that can occur, such as the risk of dismissal, work accidents, disability and even deathRisk is uncertainty in an ongoing activity (whether it is work or something outside of work). Another definition of risk is loss or the possibility of loss. Risk is divided into three parts, namely: financial risk, operational risk, and pure risk. To cover risk, an insurance is important and neede
DEVELOPMENT OF HUMAN RIGHTS COURT FROM TIME TO TIME IN LAW ENFORCEMENT IN INDONESIA Seno Aji Suryaningrat
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5637

Abstract

Court of Human Rights is a special court below the General Court that located in the Regency/City which jurisdiction includes in its District Court. The authority of the Court of Human Rights is tasked to examine and rule on cases of human rights violations, investigate and adjudicate serious violations of human rights which heavily committed outside the territorial boundaries of the Republic of Indonesia by an Indonesian citizen. Court of Human Rights, which adjudicate cases of gross human rights violations in East Timor Polls Post-defendants have been executed by both military and civilian, and was decided by the Court of Human Rights under law No. 26 Year 2000 regarding Human Rights Court
HEALTH INSURANCE FOR WORKERS IN PANDEMIC TIME syahrindra devi
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5634

Abstract

The current Covid-19 (Coronavirus Disease-19) pandemic has become a challenge and also a new problem. The pandemic that has been going on for more than a year has had a significant impact on many lines of human life. The purpose of this paper is to find out the efforts made by the government in order to ensure the health of workers during a pandemic. This study uses a normative juridical approach, because it uses secondary data as the main data. Data collection was carried out through a literature study, which is a data collection technique that was carried out through a literature study as literature which can provide a theoretical basis relevant to the issues to be discussed. Based on data reported by the Ministry of Manpower, there are 2.8 million workers directly affected by Covid-19. They consist of 1.7 million formal workers laid off and 749.4 thousand laid off (Labor). However, it was unlucky for the company to terminate the employment relationship, arguing that it was "force majeure". With this statement, companies must protect and guarantee the needs of workers/laborers in accordance with the constitutional mandate. In addition to the government providing efforts through regulations related to workers' health insurance, in the context of the Covid-19 pandemic, the government is trying to provide health protection for workers through tactical matters, namely Work From Home and the application of the principle of Social Distancing based on regulations on large-scale social restrictions in work environment..
SOCIAL SECURITY PROCEDURES FOR WORKERS POST WORK ACCIDENT asri pulserimia
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5612

Abstract

Manpower is an important component for the realization of successful development, during the working period of the workforce must be maintained and respected for their rights, both the rights that are inherent in them since they were born, namely human rights or their rights while at work. The existence of human rights and rights attached to workers from work creates an obligation for those who employ them to provide social security for their workers, in the form of protection, maintenance and improvement of welfare. Social Security, one of which can be in the form of work accident insurance, considering that an accident is something that cannot be calculated, however, there is a clear difference between an accident and a work accident, both in terms of the type of accident, the time it occurred, the place where it occurred, the people affected, and the consequences. With this, social security can provide certainty and understanding for workers who experience work accidents through social security procedures for workers after work accidents.
IMPLEMENTATION OF THE MOU HELSINKI ON CRIMINAL LAW POLICY IN NANGGROE ACEH DARUSSALAM (NAD) Sekar Langit Jatu Pamungkas; Denmark Erlangga Putra; Valiantnuja Washfaa Yunandeva; Akbar Fahrudin Malik; Nur Faishal Luqman
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5437

Abstract

Aceh, as one of the autonomous regions in the context of the Unitary State of the Republic of Indonesia, in the practice of implementing Local Government, repeatedly not only positions the type and hierarchy of laws and regulations following Law No. 12 of 2011 on the Establishment of Laws and Regulations but also positions the Helsinki MoU as one of the legal sources. The thing that is the practice in this writing is related to how the implementation of the Helsinki MoU in criminal law policy in Aceh. Research methods are conducted with normative legal research methods and prescriptive research. Data collection in this study is done through literature research. Data analysis is done with qualitative analysis; the process of data analysis and using legal data is also possible to use non-legal data. This study showed that after the MoU of peace between the Indonesian government and GAM was marked on August 15, 2005, in Helsinki, Finland, 24 governments then passed Law No. 11 of 2006 on the aceh government. This law is a political commitment of the Indonesian government in following up on the results of the peace agreement in Helsinki. One of the authorities (autonomy/self-government) granted in the law is to implement Islamic sharia in Aceh in a kaffah both in terms of worship, education, muamalat, shiar, civil law, and criminal law. While implementing the Helsinki MoU is, the regulation related to Jinayat (Criminal Law) has strengthened. Other judicial institutions are also concerned about implementing criminal law in Aceh, although the rules about Criminal Law still cause debate.
CONTROVERSY OF THE ELECTRONIC INFORMATION TECHNOLOGY LAW syafri madyo utomo; Esmenov Kiromaciva
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5614

Abstract

Laws or legislation are laws that have been passed by the legislature or other elements of resistance. Before being enacted, the law is referred to as a draft law. Laws serve to be used as authority, to regulate, to recommend, to provide funds, to punish, to grant, to declare, or to restrict something. A law is usually proposed by members of the legislature, for example members of the DPR, the executive, for example the president, and then discussed among members of the legislature. Laws are often amended before they are passed or may also be rejected. Law is seen as one of the three main functions of government which derives from the doctrine of separation of powers. The group that has the formal power to make legislation is known as legislators who make laws, while the judiciary of the government has the formal power to interpret legislation, and the executive branch of government can only act within the limits of the powers set by statutory law.
JURIDIC REVIEW ON THE MAINTENANCE OF LABOR HEALTH THROUGH THE BPJS PROGRAM Dito Pratama; Zahira Shaharani; Abdallah Ibrahimi
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5436

Abstract

Health Care Insurance is a form of health protection guarantee, with the intention that participants get health benefits or protection to meet health needs for everyone who has paid their dues or whose contributions have been borne by the government. National Social Security is a government and community plan designed to determine the amount of social welfare protection for all people in order to meet their needs and social welfare. The Social Security Administering Body (BPJS) is the institution that manages or operates the National Social Security System Plan (SJSN). But the form of implementation in BPJS is that many health insurance services are provided to participants whose needs are limited. This health service is needed by the community to overcome their health problems. With this research aims to be able to determine the health care insurance for workers associated with optimal health services for workers. In addition, it is also known the form of services provided by BPJS in protecting some rights to the health of workers.
LAW ENFORCEMENT OF LAND GRACE robert lengkong weku; Andika Adhyaksa
Khairun Law Journal Vol 6, No 2 (2023): MARET 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6293

Abstract

This study aims to analyze legal protection for acts of land grabbing and to analyze the prevention and handling of acts of land grabbing. The type of research used is normative legal research, relying on and using library data, namely secondary data in the field of law. The technique of obtaining legal materials is by means of library research by collecting legal materials by reading, quoting, recording and understanding various legal literature and laws. The results of the study show that 1) The legal provisions themselves have accommodated land grabbing in both criminal and civil aspects. 2) Enabling legal sanctions in forcing someone's obedience to the law as above contains aspects of prevention and enforcement aspects.
IMPLEMENTATION OF ADDITIONAL CRIMINAL SANCTIONS IN THE FORM OF PAYMENT OF MONEY IN CRIME OF CORRUPTION IN INDONESIA (CRITICAL REVIEW OF THE PRINCIPLE OF LEGAL CERTAINTY IN DECISION NUMBER 5035 K/Pid.Sus/2022) egiardus bana
Khairun Law Journal Vol 6, No 2 (2023): MARET 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6578

Abstract

Additional criminal sanctions in the form of payment of replacement money to perpetrators of corruption are seen as strategic in the context of recovering state financial losses. The sanctions are regulated in Article 18 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Corruption Jo. Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 Law concerning Eradication of Corruption Crimes. In the application of the law, there is an imbalance regarding how additional punishment in the form of payment of replacement money should be applied to perpetrators of corruption. This results in the creation of legal uncertainty. For this reason, in order to overcome this, it is necessary to conduct a critical study regarding the application of additional criminal sanctions in the form of replacement money in Decision Number: 5035 K/Pid.Sus/2022. By conducting a critical review, it is hoped that the existence of additional criminal sanctions in the form of payment of reimbursement money can be applied consistently so as to provide legal certainty guarantees for perpetrators of corruption.
RESTRICTIONS ON THE VOTING RIGHTS OF FORMER CORRUPTOR CONSTITUTIONS Maria Virginia Usfunan
Khairun Law Journal Vol 7, No 1 (2023): SEPTEMBER 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i1.6822

Abstract

One form of popular sovereignty is through general elections. This is evidenced by the provisions of Article 1 point 1 of Law Number 7 of 2017 concerning General Elections (Election Law) which stipulates "General Elections, hereinafter referred to as Elections, are a means of people's sovereignty to elect members of the People's Legislative Assembly, members of the Regional Representatives Council, President, and Vice President, to elect members of the Regional People's Legislative Council, which is carried out directly, publicly, freely, confidentially, honestly and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia". General elections that are held directly, publicly, freely, confidentially, honestly and fairly are expected to truly protect human rights in accordance with the guarantee of legal certainty and justice. However, the General Elections Commission has regulations that prohibit every corrupt ex-convict from becoming a candidate for member of the People's Representative Council of the Republic of Indonesia/Regional People's Representative Council and Regional Representative Council (DPR-RI/DPRD and DPD). This study uses a normative research method with a statutory approach (statue approach) and a conceptual approach (conceptual statue).Sources of legal materials are obtained from primary legal materials, secondary legal materials, tertiary legal materials. The technique for collecting legal materials in legal research is carried out through a card system. The analysis technique used in this research is descriptive analytic analysis technique. In addition, it also uses evaluation techniques which are carried out by providing an assessment to find out whether a view, proposition, statement of norms, and decisions contained in legal materials is appropriate or not, and the last is argumentation technique. This argumentation technique cannot be separated from evaluation techniques. because the assessment must be based on reasons that are in accordance with legal logic..

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