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AGUS PURWANTO
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INDONESIA
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Published by Winrow Veritas Law Firm
ISSN : -     EISSN : 27742245     DOI : https://doi.org/10.8888/ijospl
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice
he main focus of INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) is to publish the results of research and work of thought, with the following fields: theory or doctrine, principles, norms, philosophy, comparison, application, history, relations with other disciplines in the field. -Social Sciences, Policy and Law. INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) provides a forum for sharing timely and up-to-date publication of scientific research and review articles. The journal publishes original research papers at the forefront of law and social sciences. The topics included and emphasized in this journal are, but not limited to, law, political science, economics, environment, history, communication, sociology and safety. The topics related to this journal include but are not limited to: International law Contract law Civil law Political law Sociology Business studies Industrial relations Criminology Safety Constitutional and administrative law Tort law Common law and equity Legal history Social philosophy Behavioral science Management Environmental social science Criminal law Property law Religious law Political science Social psychology Communication studies Economics Education
Arjuna Subject : Bisnis, Menejemen, dan Akutansi (semua kategori) - Perilaku Organisasi dan Menejemen Sumber Daya Manusia
Articles 171 Documents
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JURIDICAL ANALYSIS OF OUTSOURCED WORKERS BASED ON LAW NUMBER 6 OF 2023 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 2 OF 2022 ON JOB CREATION INTO LAW PRAMANA, NDINTA HERRY; PANJAITAN, HULMAN; BETLEHN, ANDREW
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.170

Abstract

This research discusses the juridical analysis of outsourced workers in light of Law No. 6 of 2023 on Job Creation Stipulating Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law. This study aims to determine the regulation of outsourced workers after the issuance of the 2023 Job Creation Law and whether the regulation is able to protect and fulfil the rights of outsourced workers from the exploitation of employers that continues to occur in Indonesia today. This research uses qualitative research with normative legal research methods. The data sources used are primary data in the form of laws and government regulations of the Republic of Indonesia that are currently in force, and secondary data consisting of books, journals and websites. The results of this research can be concluded that in Law Number 13 of 2003 on Manpower, several provisions have been amended by Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law, including provisions relating to outsourced labour. Based on the old comparison between the Manpower Law and the Job Creation Law, it is worth noting that the Job Creation Law has also caused controversy, especially in relation to labour protection. Some provisions, such as those relating to the type of work, working time, and severance pay, are considered to reduce protection for outsourced labour. In addition, the Job Creation Law No. 6 of 2023 regulates the protection of workers from social security, working days and hours, time and holidays, wages and benefits, and provisions for termination of employment. However, in the event of discrepancies experienced by outsourced workers, they can take non-litigation legal action such as bipartite, mediation, conciliation, or arbitration
LEGAL ANALYSIS OF THE POSITION OF THE SERVICE BOND AGREEMENT BETWEEN THE COMPANY AND EMPLOYEES (CASE STUDY OF BREACH OF PERFORMANCE LAWSUIT OF PT FL TECHNICS INDONESIA AGAINST INDRA KURNIAWAN IN THE DECISION OF THE TANGGERANG DISTRICT COURT NUMBER 1000/PD KURNIAWAN, C. FATWA ADDY; ANDREW BETLEHN, ANDREW BETLEHN; A SARAGI, PALTIADA
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.171

Abstract

The tort case between PT FL Technics Indonesia and Indra Kurniawan centered on the violation of the service bond agreement that had been agreed by both parties. Based on this agreement, the company provided an opportunity for employees to attend training courses, with the obligation for employees to undergo service bonds according to a predetermined duration. However, the employee violated his obligation by resigning before completing the service bond period, resulting in an obligation for the employee to reimburse the training costs incurred by the company. This research uses a normative approach, which aims to analyze legal aspects based on relevant regulations and documents. The data sources used consist of primary, secondary, and tertiary legal materials, as well as primary data as support. The qualitative juridical analysis method is used to assess the collected data. In this case, the service bond agreement is not considered a work agreement, so disputes arising related to this agreement fall under the jurisdiction of the District Court, not the industrial relations court. Based on the Tangerang District Court Decision Number 1000/PDT.G/2023/PN TNG, Indra Kurniawan was proven to have committed a default, which requires him to be responsible for the breach of obligations arising from the agreement
JURIDICAL REVIEW OF DEFECTS MADE BY PT. PERHUTANI (PERSERO) IN THE PURCHASE OF THE BUILDING OWNED BY PT. VISI INVESTAMA PROPERTI (CASE STUDY OF SOUTH JAKARTA DISTRICT COURT DECISION NUMBER 735/PDT.GL202LLPN.JKT.SEL. JO JAKARTA HIGH COURT DECISION NUMBER26 Pratama, Febrian; Napitupulu, Diana Ria W; Nadapdap, Binoto
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.172

Abstract

Basically, an agreement will go well if the parties to the agreement are based on good faith, but if one party does not have good faith or does not carry out their obligations, a breach of contract will arise. A breach of contract is a condition where the debtor does not fulfill his/her performance obligations in the agreement or does not fulfill them as they should or as they should In carrying out its business activities, a Limited Liability Company cannot be separated from agreement matters, one of which is PT. Visi Investama Properti, that PT. Visi Investama Properti as the owner of the Zuria Tower Building has an agreement to sell the Building to PT. Perhutani (Persero) then the agreement is stated in a deed of agreement. The main issue of the case is regarding the breach of promise (breach of contract) committed by PT. Perhutani (Persero) in carrying out the fulfillment of legal obligations in connection with the payment of the purchase of the Zuria Tower Building which has not been paid as stated in the Decision of the South Jakarta District Court Decision Number 735/PDT.GL202LLPN.JKT.SEL. Jo Jakarta High Court Decision Number 266/PDT/2023/PT DKI Jo. Supreme Court Cassation Decision Number 1755 K/PDT/2024. The method used in this study is normative research conducted as an effort to obtain the necessary data in connection with the problem. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. In addition, primary data is also used as supporting secondary data legal materials. For data analysis, it is carried out using qualitative legal analysis methods. From the research results, it can be obtained results based on the consideration of the panel of judges PT Perhutani (Persero) Proven to have been negligent (breach of contract) to PT. Visi Investama Properti as stipulated in Article 3 of the deed of agreement No. 88 dated December 26, 2019 That the Legal Consequences for the Parties in the Court's Decision PT Perhutani (Persero) is obliged to pay the remaining fine for late payment of the purchase of the Zuria Tower Building amounting to Rp. 8,232,300,000, - (eight billion two hundred thirty-two million three hundred thousand rupiah)
LEGAL CERTAINTY REGARDING COLLECTION RELATED TO GUARANTEES IN TERMS OF MOTOR VEHICLE FINANCING BASED ON OJK REGULATION NO. 22 OF 2023 Purba, Kevin Agatha; Harjono, Dhaniswara K.; Panjaitan, Hulman
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.173

Abstract

One form of law that has a real and important role in people's lives is contract law. The term "contract" is called "overeenkomst" in Dutch and "agreement/agreement" in English. An agreement is defined in Article 1313 of the Civil Code, which states "An agreement is an act by which one or more people bind themselves to one or more other people". Contract law can be said to be a law that is formed when someone promises something to another person. In this case, both parties have agreed to enter into an agreement without any enforcement or decision by only one party. The type of research is normative legal research. Normative law, there are several approaches in this legal study. In this approach, the authors receive information from various aspects of the problem they want to find answers to. Conclusion: Restructuring of motorcycle consumer protection agreements in financial companies. In essence, Regulation 22/2023 was issued to further strengthen consumer protection in the financial services sector by facilitating coordination of PUJK internal control. In this case, the new framework is expected to guarantee.
LEGAL IMPLICATIONS OF POJK No. 22/2023 ON THE CREDIT COLLECTION PROCESS BY POJK IN INDONESIA Tarigan, Ngueken; Harjono, Dhaniswara K.; Betlehn, Andrew
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.174

Abstract

This is where the financing company (leasing) manages the purchase of motor vehicles on credit. The financing company (leasing) is tasked with making a credit agreement containing payment provisions, interest, late fines, tenor, and default clauses. Also, each vehicle is registered as a fiduciary guarantee which is civilly a unit when the payment has not been paid in full by the debtor, the motorcycle unit is an object of fiduciary guarantee controlled by the creditor (leasing) The approach method used in this study uses a juridical-empirical approach. The juridical approach is used to analyze various laws and regulations governing credit. While the empirical approach is used to analyze law as a rule that is not merely normative, but law can see in the lives of people who always interact and relate to aspects of community life. The meeting of these two interests is what can make cession can be used as an alternative solution to solving problematic credit where each party will equally benefit whether from the debtor, creditor or cessionary side. The cessionary has a very important role where when the cessionary can bring together the interests of the old creditors and the debtor, the problematic credit can be resolved easily. As a new creditor, the cessionary can mediate with the debtor to find a middle ground for resolving the problem of bad credit.
JURIDICAL REVIEW OF LAW NUMBER 6 OF 2023 CONCERNING EMPLOYMENT COPYRIGHT ON THE IMPLEMENTATION OF RISK-BASED BUSINESS LICENSING IN THE HEALTH SECTOR IN THE FIELD OF PHARMACY PAHALA, ERIC SANDY; PANJAITAN, HULMAN; BETLEHN, ANDREW
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.175

Abstract

The fulfilment of medicines has become important in health development in Indonesia due to the increasing public awareness of health. Pharmacies are an important tool in the provision of medicines and health services. However, establishing a pharmacy business has high risks and requires a business licence and pharmacist practice permit. However, Law No. 11 of 2020 on Job Creation was rejected by the Constitutional Court, which resulted in the reissuance of the regulation in Law No. 6 of 2023. This has also impacted the regulations governing business licences, especially in the health sector such as pharmacies. Digital technology is also applied in implementing business licences with the OSS System. For the pharmacy business, business actors must understand the appropriate KBLI code and the correct licensing application procedure. Therefore, this research aims to analyse the impact of the reissuance of the rules in Law Number 6 of 2023 on the pharmacy business licensing rules. This research uses a form of normative juridical research that refers to developing legal norms, such as laws and court decisions. The approach methods used are statute approach and conceptual approach. The data to be used is secondary data from primary legal materials, secondary legal materials, and tertiary legal materials, such as laws, regulations, books, papers, journals, and other sources. The data collection technique that will be used is document study. The method of analysis that will be used is the qualitative analysis method to analyse the social aspects of the implications of Law Number 6 of 2023 on the Implementation of Risk-Based Business Licensing in the Health Sector for Pharmacies based on legal materials. After the issuance of Law Number 6 of 2023, there have been significant changes to the business licensing mechanism in Indonesia. Risk-based business licensing is enforced to support job creation and empowerment of micro, small and medium enterprises. The licensing process is based on the level of risk, with NIB as the legality to start and run a business. This concept regulates the function of NIB and other business licensing facilities from the government. Permenkes Number 14 of 2021 regulates the standards of business activities and products in the implementation of risk-based business licensing in the health sector, including pharmacies. So pharmacy business actors are encouraged to adjust to business licensing regulations and ensure legal certainty in pharmacy business licensing.
PROTECTION OF LAND RIGHTS HOLDERS IN LAND ACQUISITION FOR PUBLIC INTEREST IN NATIONAL DEVELOPMENT Ginting, Andreas; Panjaitan, Hulman; Bethlen , Andrew
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.176

Abstract

Land acquisition for public needs is an activity to provide land by providing adequate and fair compensation, but in fact in the field there are still many people who do not agree with the nominal compensation for their land to be purchased for development in the public interest. Whereas in land acquisition there is the principle of social function for land rights to be used in accordance with their nature and purpose, it means that they must have benefits for right holders and the community. So that there is a need for a balance between individual interests and public interests for the community. Based on this, this research aims to find out and analyse the mechanism of land acquisition by the Land Bank Agency for land acquisition based on the UUCK and the juridical provisions for holders of land rights transferred for the public interest.This research is a normative juridical research with a statutory approach. The author uses secondary data using primary, secondary, and tertiary legal materials. The method of analysis used is qualitative method. This research concludes on the mechanism of land acquisition by the Land Bank Agency in Indonesia in accordance with Law No. 6 of 2023. The agency manages land for public interest and development in a transparent and non-profit manner. Its main tasks include planning, procuring, managing and distributing land, as well as planning licences and setting service rates. Land acquisition is conducted through several stages involving the public and the results are submitted to the Governor. If there are objections from the public, an evaluation is conducted. Landowners are entitled to fair compensation, and dispute resolution can be through the courts. The process must be fair and protect human rights by involving deliberation to reach an agreement.
IMPLEMENTATION OF WORKERS' LEGAL RELATIONS IN OUTSOURCED COMPANIES AND PROVISIONS FOR TERMINATION OF EMPLOYMENT AFTER THE ENACTMENT OF LAW NO 6 OF 2023 CONCERNING JOB CREATION Sugianto, Putu Erman; Bethlen, Andrew; Saragi, Paltiada
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
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Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Outsourcing in Indonesia has its advantages and disadvantages. It can create jobs and help reduce unemployment, but it also often creates problems between workers and companies. Every individual needs a job to earn a decent living, in accordance with the principles of the state. The government should ensure the welfare of its citizens by providing employment opportunities, as stipulated in the law. However, in practice, workers often lack adequate protection, especially with types of employment contracts such as non-permanent contracts that are favoured by employers because they reduce wage costs. Contracts such as non-permanent contracts can make workers feel anxious about the stability of their jobs and wages. Government intervention is considered essential to protect workers' rights. Law No. 13 Year 2003 regulates non-permanent contracts, and although it was revised by the Omnibus Law and Law No. 6 Year 2023, many people felt there were no significant changes. There is debate over the article that allows outsourcing of some jobs. In some cases, such as what happened at PT BM Tbk, there were violations of the law's provisions regarding PKWT, which made the employment relationship unclear. This research aims to understand more about the legal relationship of workers in outsourcing companies and the implications of Law No. 6 of 2023, as well as its impact on termination of employment. Therefore, this study aims to discuss the implementation of the legal relationship of workers in outsourcing companies after the enactment of Law No. 6 of 2023 as well as the termination of employment of workers in these companies, in comparison with Decision No. 524 K/Pdt.Sus-Phi/2022.This research uses the normative legal method, also known as doctrinal legal research, to understand the law as rules in legislation. The method is descriptive analytical, explaining current conditions based on facts. The approach used includes the analysis of relevant laws. The data used is secondary data from the literature, including primary, secondary, and tertiary legal materials, collected through documentation. Data analysis was conducted in a qualitative descriptive manner to answer the research problem. The research shows that the legal relationship between workers in outsourcing companies and layoffs after Law No. 6 of 2023 still does not provide legal certainty and justice. This is due to the uncertainty in the law and the unfairness of workers' positions. Three factors that impede justice are the lack of application of the principle of judicial independence, the vacuum of norms, and the utilisation of legal weaknesses by employers. The author suggests revising the law by involving the community and reminding outsourcing companies to follow the law for the sake of legal certainty and justice for workers.
JURIDICAL ANALYSIS OF FORCE MAJURE TERMINATION OF EMPLOYMENT RELATIONS IN THE JOB CREATION LAW Suaris Firdaus Sembiring, Suaris Firdaus; Wijayati, Ani; Panjaitan, Hulman
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.178

Abstract

The state has the responsibility to protect and promote labour in Indonesia, which is a human right in accordance with the constitution. Article 27 Paragraph (2) of the 1945 Constitution states that every citizen has the right to work and a decent life. However, labour problems continue to increase, caused by the lack of employment, the large number of workers, the low quality of workers‘ education, and the lack of supervision of workers’ rights, which reduces people's welfare. Laws in Indonesia, such as Law No. 13/2003 on Manpower and Law No. 11/2020 on Job Creation, aim to provide legal certainty and prevent arbitrary actions by employers. The regulation of labour relations is based on a work agreement that confirms the rights and obligations of all parties. Therefore, this study finds out the legal arrangements for Termination of Employment (PHK) before and after the existence of the Job Creation Law. In addition, this research also aims to analyse the legal protection of workers affected by layoffs, especially due to Force Majeur conditions after the existence of the Job Creation Law. This research uses a normative approach with qualitative juridical analysis. The data used is primary data as well as supporting data to assess the legal aspects related to termination of employment in the context of labour law in Indonesia.The new law, Job Creation, has caused controversy and dissent in the community. Previously, the layoff process required a determination from a dispute settlement institution, but with the Job Creation Law, companies can conduct layoffs with notice to workers. Legal protection for workers affected by layoffs, especially due to force majeure conditions, is important. Industrial Relations Court judges do not require a criminal court verdict for employers who conduct layoffs due to urgent offences. There are differences between Law Number 13 Year 2003 and Law Number 11 Year 2020 on Job Creation, especially in the mechanism of layoffs due to urgent violations, which are considered to violate the principle of presumption of innocence. Therefore, legal protection for workers needs to be adjusted to the principle of presumption of innocence.
COUNSELING FOR ANXIETY IN EXPERIENCING STRESS AND DIFFICULTIES IN LIFE FOR CHRISTIANS Suwito , Tri Prapto; Sembiring , Milisi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.179

Abstract

Worry is a form of erratic anxiety, even if it happens in an exaggerated mind, it will not necessarily happen. Every human being has a sense of worry as a feeling of protection for what has not yet happened in front of him. Worries can take the form of job loss, stalled business in life, expensive education costs, a near-stalled economy, labor layoffs, children fighting parents, cheating husbands, wives leaving the house, having children with special needs, anxiety about the future, and any form of difficulty, all of which cause stress, suffering, and other difficulties in life.In this journal, the author makes research in a qualitative explanation, coming from various book sources, various journals related to psychology, counseling and it is hoped that this journal will obtain research results that can answer various problems regarding concerns experienced for Christians, so that they can respond correctly to the truth of God's Word.

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