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Legislatif
Published by Universitas Hasanuddin
ISSN : 26543982     EISSN : 27228797     DOI : https://journal.unhas.ac.id/index.php/jhl/index
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Tujuan junal ini adalah untuk menyediakan tempat bagi mahasiswa hukum seluruh indonesia untuk menerbitkan artikel yang dibuat original (asli) bukan saduran maupun terjemahan. Ruang Lingkup artikel yang diterbitkan dalam jurnal ini membahas terkait Isu Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "VOLUME 8 NOMOR 1 2024" : 5 Documents clear
Implikasi Hukum dan Psikologis Penerapan Praktik Outsourcing Berdasarkan Undang-Undang Cipta Kerja Terhadap Pekerja/Buruh Sitanggang, Tio Theresia; Simanullang, R.A. Hotmartua; Ferencia, Viony
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.35160

Abstract

The provisions in Article 64 of Law No. 13/2003 on Manpower regulate work agreements between companies that have the ability to hand over part of the execution of work to other companies through the mechanism of a work contract or the provision of worker/labor services, which is often referred to as an “outsourcing contract”. However, outsourcing schemes pose a great risk to workers/laborers, as indicated by legal uncertainty regarding the existence of outsourced workers/laborers and the increased possibility of job insecurity. Changes to the Manpower Law in Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 still fail to meet the expectations of workers/laborers regarding the outsourcing system This research uses a normative legal research approach with the method of analyzing regulations in the Manpower Law and its comparison with the Cipta Kerja Law. The results of this study show that: firstly, national development aims to create welfare through employment, but outsourcing practices often harm workers by not guaranteeing their rights; secondly, changes to outsourcing-related regulations in the UUCK have cut worker protections, leading to uncertainty over working status and increased stress and anxiety that reduce worker performance; and thirdly, the many issues of outsourcing practices have led to a number of problems.
URGENSI PENGATURAN MENGENAI LARANGAN DISKRIMINASI USIA DALAM PROSES REKRUTMEN DI INDONESIA Simanullang, R. A Hotmartua; Sitanggang, Tio Theresia; Ferencia, Viony; Tambunan, Johannes Leonard; Wibowo, Bagus Sultan; Afnila; Yusrin
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.41581

Abstract

Age discrimination in recruitment processes remains a significant issue in Indonesia, where many companies set age limits for job seekers. This practice is allowed under Article 35 of Law 13/2003, which grants employers the freedom to establish their own job requirements, resulting in injustice and limiting job opportunities for older individuals. This study uses a normative legal research approach, analyzing age discrimination regulations in various countries, as well as an analysis of Constitutional Court Decision Number 35/PUU-XXII/2024 and a conceptual approach to develop an anti-discrimination legal framework. The results show that age restrictions in recruitment are discriminatory, failing to provide legal justice, certainty, and benefits for job seekers. Legal studies of other countries regulations reveal that countries like the Philippines and Germany have explicit laws prohibiting age-based discrimination in employment. Although the Constitutional Court rejected the claim that Article 35 of Law 13/2003 is unconstitutional, a dissenting opinion from the judge highlighted the subjectivity of age-based requirements. This underscores the need for legislative reforms in Indonesia to establish clear anti-age discrimination laws, ensuring fairness and equal opportunities in recruitment processes. Therefore, it is crucial to implement policies that focus on job seekers competencies, experience, and skills, without being influenced by age.
Penegakan Hukum Terhadap Peredaran Kosmetik Ilegal: Perspektif Teori Kontrol Sosial Travis Hirschi Rastiawaty, Rastiawaty; Alrip, Ismail
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.41596

Abstract

The phenomenon of illegal cosmetics circulation in Indonesia is increasing and is a serious threat to public health. Based on reports from the Food and Drug Supervisory Agency (BPOM), these products often contain hazardous materials and do not have distribution permits, thus endangering consumers. This article aims to analyze law enforcement against the circulation of illegal cosmetics in Indonesia using Travis Hirschi's Social Control Theory. The research method used is normative research using a conceptual and legislative approach used by utilizing the social control theory framework to understand the factors that influence regulatory violations in the distribution of illegal cosmetics. The results of the analysis show that weak social control, such as low social attachment and belief in the law, are dominant factors that allow for rampant violations. The novelty of this study lies in the integration of social control theory into the study of law enforcement, which has not been widely applied in similar studies. The conclusion of this article is that to increase the effectiveness of law enforcement, it is necessary to strengthen regulations, increase public legal awareness, and stricter supervision, especially in the online sector.
DAMPAK SOSIAL DOXING TERHADAP HAK PRIVASI PELAKU KEJAHATAN BERDASARKAN UNDANG-UNDANG NOMOR 27 TAHUN 2022 Angelita, Valerie; Suradipraja, Varsha Savilla Akbari Candra
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.41972

Abstract

The rapid development of technology has significantly increased the use of electronic media, particularly social media platforms, which have become integral to daily life. This progress has simplified the collection, management, and storage of personal data, intertwining it with individual activities on these platforms. However, this condition also extends to criminals, whose personal data is often disclosed without adequate protection. This research employs a normative juridical method, involving the analysis of laws, regulations, and legal literature, to explore the necessity of legal protection for the right to privacy, including the personal data of criminals. The study identifies legal gaps in the implementation of personal data protection under Law Number 27 of 2022 and provides recommendations to strengthen policies that uphold privacy as a fundamental human right. The findings emphasize the social consequences of privacy violations, such as stigmatization, social exclusion, and the risk of vigilantism. These outcomes highlight the need for stronger regulations that ensure legal certainty while balancing the rights of victims, offenders, and public interests. Law enforcement plays a critical role in optimizing the application of current regulations by integrating ethical considerations and addressing social impacts. By prioritizing these aspects, this study aims to contribute to the creation of a fairer legal system that respects privacy rights while addressing broader societal concerns. Strengthening these protections is essential to fostering justice and equity in an era where personal data is increasingly vulnerable.
PENDEKATAN SOCIO-LEGAL TERHADAP PERLINDUNGAN HAK-HAK ANAK KORBAN KEKERASAN SEKSUAL Gemilang, Muhammad Surya; Idris, Irma
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.42076

Abstract

Sexual violence against children is a social problem that requires attention and active involvement from the wider community. The urgency of this problem arises based on a report from the Ministry of Women's Empowerment and Child Protection of the Republic of Indonesia, which recorded 3,015 cases of violence against children between January 1, 2022 and March 17, 2023. This research aims to provide legal protection that should be given to child victims of sexual violence and identify various obstacles in efforts to fulfill their rights. The research was conducted using a socio-legal approach involving interviews and literature review as data collection techniques. The results showed that legal protection includes reproductive health education, social rehabilitation, victim recovery, as well as rights advocacy and legal protection. This also arises because there are obstacles such as the uncertainty of victim handling regulations, lack of competence of legal personnel, limited facilities, and negative stigma in the community that hinder the fulfillment of the rights of child victims of sexual violence.

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