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INDONESIA
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Published by Gapenas Publisher
ISSN : 27979598     EISSN : 27770621     DOI : https://doi.org/10.53363/bureau
Core Subject : Social,
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,
Arjuna Subject : Ilmu Sosial - Hukum
Articles 805 Documents
Tinjauan Yuridis Terhadap Pertanggung jawaban Perusahaan PT. Ocean Industry atas Tunggakan Iuran BPJS Ditinjau Dari Undang- Undang No 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan sosial Irwan Sapta Putra; Mohammad Hifni; Nova Tresia Manurung
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.912

Abstract

According to Law Number 24 of 2011 concerning the Social Security Administering Body, employers have an absolute obligation to register and pay social security contributions regularly and on time. However, cases of late and inability to pay contributions, resulting in arrears, have been found, one such case being PT. Ocean Industry.This study aims to analyze the legal basis for the obligation to pay contributions, the forms of accountability PT. Ocean Industry must fulfill due to the arrears, and the applicable problem resolution mechanisms in accordance with relevant laws and regulations.The method used is normative juridical, with data processing and analysis using qualitative descriptive methods, supported by laws and regulations and case analysis.The results of the discussion indicate that PT. Ocean Industry has violated applicable legal provisions, and therefore has a primary obligation to pay all outstanding principal plus fines and interest as stipulated in implementing regulations. In addition to administrative liability, these violations can also result in restrictions on business activities if not resolved in accordance with the provisions.In conclusion, the company's liability is not limited to repayment alone but encompasses all legal consequences arising to ensure workers' social protection rights are fulfilled.
TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERKAIT TENAGA KERJA PEREMPUAN ATAS HAK CUTI HAID DALAM PERJANJIAN KERJA BERSAMA (PKB) DI PT. NIKOMAS GEMILANG BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Irwan Sapta Putra; Mohammad Hifni; Analisa BR Gurusinga
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.913

Abstract

Legal protection for the right to menstrual leave is part of the fulfillment of the normative rights of female workers guaranteed in Article 81 of Law Number 13 of 2003 concerning Manpower. Although normatively, this right has received legal recognition, its implementation in industrial relations still faces various obstacles, such as a productivity-oriented work culture, low legal awareness of workers, ineffective administrative procedures, and workers' concerns about performance appraisals when using the right to menstrual leave. These conditions indicate a gap between legal regulations and their implementation in practice, so that a legal study is needed regarding the regulation and protection of civil law for the implementation of the right to menstrual leave for female workers at PT Nikomas Gemilang. The formulation of the problem in this research includes: (1) how the regulation of menstrual leave rights for female workers in employment relations is reviewed based on Law Number 13 of 2003 concerning Employment and the principles of civil law in employment agreements; and (2) how is the civil law protection for female workers regarding the implementation of menstrual leave rights in employment relations between workers and employers at PT Nikomas Gemilang. This study employed an empirical legal research method with an empirical juridical approach. Data were obtained through a literature review of laws and regulations, books, and scientific articles, as well as field research through interviews with the Management of PSP-SPN PT Nikomas Gemilang as resource persons. All data were analyzed qualitatively using a descriptive-analytical approach to obtain an overview of the effectiveness of legal protection for the implementation of menstrual leave rights. The results of the study indicate that the regulation of menstrual leave rights has a strong legal basis based on Article 81 of Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 has been implemented in the Collective Labor Agreement (PKB) of PT Nikomas Gemilang as part of the reproductive rights of female workers. Viewed from a civil law perspective, these regulations reflect the application of the principle of freedom of contract limited by law, the principle of pacta sunt servanda, and the principle of good faith. However, the effectiveness of legal protection is still influenced by legal culture factors, implementation procedures, and the level of legal awareness of the parties. Therefore, it is necessary to strengthen implementation through simplification of procedures for implementing menstrual leave rights, increased supervision by companies and trade unions, and ongoing socialization regarding the reproductive rights of female workers to achieve legal certainty, justice, and benefits in industrial relations.
TINJAUAN YURIDIS TERHADAP PEMOTONGAN TUNJANGAN JABATAN SECARA SEPIHAK OLEH PERUSAHAAN PT LUHAI INDUSTRIAL BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 Irwan Sapta Putra; Mohammad Hifni; Lucki Hidayanto
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.914

Abstract

This study aims to analyze the juridical review of unilateral position allowance deductions based on Law Number 6 of 2023, examine the legality of the position allowance deduction policy implemented by PT Luhai Industrial, and analyze the company's efforts to resolve the resulting disputes. This study employed an empirical juridical method with a qualitative approach. Data were collected through interviews with the Human Resources Development (HRD) department, production supervisors, and affected employees, supported by a literature review of primary, secondary, and tertiary legal materials. The data were analyzed using qualitative juridical analysis through data classification, analysis based on statutory regulations, and deductive conclusion drawing. The findings indicate that PT Luhai Industrial implemented position allowance deductions due to operational adjustments and cost-efficiency measures based on management decisions. However, the policy was implemented without employees' consent and without amendments to the employment agreements, rendering it inconsistent with the provisions of Law Number 6 of 2023 and resulting in suboptimal legal protection of employees' normative rights. Furthermore, the company's dispute resolution efforts remained limited to internal communication and did not prioritize participatory negotiation mechanisms. Therefore, greater transparency, employee involvement in decision-making affecting their economic rights, and the optimization of bipartite negotiations are necessary to strengthen the resolution of industrial relations disputes.
TINJAUAN TENTANG PEMILIHAN UMUM DI MA'HAD AL-ZAYTUN BERDASARKAN PASAL 3 UNDANG-UNDANG NOMOR 7 TAHUN 2017 DAN SIYASAH DUSTURIYAH Nanang Suryana; Abdur Rahim
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.915

Abstract

This research is grounded in the understanding that general elections constitute a primary constitutional instrument for realizing popular sovereignty while also serving as a means of continuous political education. Law Number 7 of 2017 affirms the principles of direct, general, free, secret, honest, and fair elections as normative standards for electoral administration, which are also relevant to be adapted within educational settings. Ma’had Al-Zaytun, as an Islamic educational institution, integrates constitutional, democratic, and Islamic values through internal electoral practices that are educational and participatory in nature. These practices not only reflect the implementation of national electoral principles but also embody the principles of Siyasah Dusturiyah, such as shura (consultation), justice, trustworthiness, and public welfare (maslahah). The objective of this study is to examine general elections at Ma’had Al-Zaytun based on Article 3 of Law Number 7 of 2017 and the principles of Siyasah Dusturiyah. This study employs a normative legal approach, or library research. The data consist of primary sources, namely Article 3 of Law Number 7 of 2017, the book Ilmu Hukum dalam Simpul Siyasah Dusturiyah (Reflections on the Theory and Practice of Constitutional Law in Indonesia) by Lubis, and Al-Zaytun: Sumber Inspirasi by Drs. Ch. Robin Simanullang, supported by secondary sources such as relevant journals, books, and scholarly articles. Data were collected through finding, organizing, editing techniques, and then analyzed using content analysis. To ensure data validity, triangulation, member checking, expert judgment were applied. The findings of this study are as follows: (1) General elections at Ma’had Al-Zaytun are conducted in contextual accordance with Article 3 of Law Number 7 of 2017. The application of the principles of direct, general, free, secret, honest, and fair elections, along with the principles of orderliness, transparency, effectiveness, and efficiency, demonstrates the adaptation of national electoral norms within an educational environment without diminishing the substance of democracy. A transparent and participatory process provides social legitimacy and functions as a medium for political and civic education for students. (2) General elections at Ma’had Al-Zaytun are consistent with the principles of Siyasah Dusturiyah, particularly shura, justice, trustworthiness, and the legitimacy of authority. Elections are understood as an ethical constitutional mechanism aimed at achieving the common good, rather than merely an administrative procedure. The internalization of these values fosters legal awareness, ethical leadership, and moral responsibility, and reflects the integration of Islamic values with the national legal system.
TINJAUAN YURIDIS TENTANG PELAKSANAAN PERJANJIAN TANGGUNG JAWAB ANGGOTA KOPERASI DALAM MENGATASI KREDIT MACET (Studi Kasus PNM Mekaar Pasar Kemis, Kab. Tangerang) Irwan Sapta Putra; Mohammad Hifni; Silvia Amanah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.916

Abstract

The implementation of financing agreements at PNM Mekaar employs a joint liability system as a form of shared responsibility among group members. In practice, however, problems such as non-performing loans still arise, affecting the smooth payment of installments and impacting other group members. This study aims to analyze the implementation of cooperative member liability agreements at PNM Mekaar, the factors causing non-performing loans, and efforts to address them. This study employs an empirical legal research method with an empirical juridical approach. Data were collected through interviews, observations, and a literature review, and were subsequently analyzed qualitatively. The results of the study indicate that the implementation of financing agreements has been in accordance with applicable legal provisions. However, nonperforming loans were still found to be caused by internal factors—such as a decline in business income, health issues, and poor financial management—as well as external factors, including a lack of good faith on the part of members and changes of residence without prior notice. In addressing these issues, PNM Mekaar prioritizes communication, deliberation, and visits to members before implementing the joint liability system as stipulated in the agreement. Based on the research findings, the implementation of the joint liability agreement at PNM Mekaar has been carried out in accordance with legal provisions; however, its effectiveness is still influenced by members’ awareness and sense of responsibility in fulfilling their obligations.

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