cover
Contact Name
MOHAMMAD ALVI PRATAMA
Contact Email
alvi.pratama@unpas.ac.id
Phone
+62224-217343
Journal Mail Official
litigasi@unpas.ac.id
Editorial Address
Jl. Lengkong Besar 68 Bandung 40261 Jawa Barat.
Location
Kota bandung,
Jawa barat
INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol 20 No 1 (2019)" : 6 Documents clear
PERJANJIAN KERJA PEKERJA OUTSOURCING PADA PERUSAHAAN PENYEDIA JASA CALL CENTRE BERDASARKAN HUKUM KETENAGAKERJAAN Nevani Nevani
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.583 KB) | DOI: 10.23969/litigasi.v20i1.1172

Abstract

The implementation of work agreements for outsourcing workers in service provider companies in practice is often not in accordance with the provisions in the legislation so as to harm and eliminate protection for outsourced workers. This article aims to provide an overview of the analysis of employment agreements and legal protection of outsourced workers in call center service provider companies based on Labor Law. The method used here is normative juridical, namely by conducting research that focuses on library data or secondary data. The specification of the research carried out is analytical descriptive by examining the facts in terms of outsourcing work agreements and their protection. Outsourcing workers labor agreement practiced at call center service providers are not fully implemented optimally, the contracts for Temporary Employment Agreements (PKWT) for outsourced workers have been repeatedly renewed, so that the PKWT has legally changed its status into a working relationship under an Employment Agreement (PKWTT). Legal protection for outsourced workers is regulated in legislation. However, in reality there are still shortcomings in outsourcing practices in Indonesia, namely the difference between legal protection regulations and the implementation of their enforcement and the absence of strict sanctions. For outsourced workers who feel that their rights have been violated and violated, they can apply for protection of rights through the mechanism of industrial dispute resolution according to the mandate of the law. Keywords: Employment, Outsourcing Workers, employment.
IMPLEMENTASI PENEGAKAN HUKUM ANTI KORUPSI PADA KASUS KORUPSI DAERAH Ridwan Arifin; Noviana Dwi Utami
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (247.179 KB) | DOI: 10.23969/litigasi.v20i1.1353

Abstract

Corruption is one of the challenges for Indonesia, not only the issue of law enforcement, but also the problem of the impact and influence of corruption itself on society. The rise of corrupt behavior even down to the lowest layers in society makes law enforcement against corruption more severely difficult. Moreover, with the many cases of corruption and law enforcement that are dominated by political influence generates distrust in the community. On the other hand, the development of the region after regional autonomy actually makes corruption spread to almost all regions in Indonesia. There are many cases of regional heads caught in corruption, even down to the district and village level. This article examines the patterns of criminal acts of corruption involving local government officials as well as the factors underlying the rampant corruption in the regions. This article uses a qualitative method with a sociological juridical approach. The facts in the form of cases that occur are analyzed based on laws and regulations and applicable legal theory. Law enforcement against corruption in the regions in general is influenced by three important factors, namely the substance of laws and regulations, the resources of law enforcement officials as well as the infrastructure and supra structure, and the culture of the community. Keywords: Corruption, Local Officials, Causes.
STRATEGI PENGGABUNGAN SANKSI BAGI PELANGGARAN HUKUM TATA RUANG DALAM RANGKA PEMULIHAN PEMANFAATAN RUANG Rd. Dewi Asri Yustia; Utari Dewi Fatimah
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (594.513 KB) | DOI: 10.23969/litigasi.v20i1.2020

Abstract

In reality, development that does not pay attention to spatial planning causes problems, namely the use of space with unclear needs and designation, so that it creates problems related to the chaos of urban planning, prolonged disasters, also raises population problems, this is as a result of development permits issued which violate many spatial regulation, so that the development carried out is not in accordance with the function of spatial planning, whereas in the spatial regulation there are heavy sanctions for perpetrators of spatial violations, but in reality the sanctions imposed do not provide a deterrent effect for the perpetrators and also do not benefit a recovery of spatial functions. In response to this, this article aims to provide recommendations in the application of sanctions that have been regulated in the Spatial Planning Law. This article in its preparation used the normative juridical method, with a multidisciplinary approach, covering spatial law, state administrative law and criminal law and was analyzed in a qualitative juridical manner. With this recommendation, it is expected to provide spatial law reform in Indonesia, especially in collaborating sanctions regulated in the Spatial Planning Act for both private individuals and corporations, as well as for spatial licensing officials, in an effort to achieve legal certainty and legal protection Keywords: Strategy, Sanctions, Violations, Spatial Planning.
UPAYA PENINDAKAN PEMBERANTASAN PUNGLI OLEH SATGAS SABER PUNGLI Gustitia Arleta
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.116 KB) | DOI: 10.23969/litigasi.v20i1.1224

Abstract

The extortion phenomenon has become part of the daily lives of Indonesian people. The practice of extortion is very easily found in almost all public service institutions from the lower level to the central level. It is important to understand that the practice of extortion has disrupted the progress of this country. One impact is extortion has hindered investment in Indonesia. Considering the many cases of extortion, the government accelerated the eradication of extortion by establishing the Extortion Eradication (Saber Pungli) Task Force. This article aims to review the urgency of establishing the Saber Pungli Task Force as a special task force, as well as the position of the Saber Pungli Task Force as a special unit within the scope of the executive body, such as the prosecutors and the police. The establishment of the task force became a hope in eradicating extortion and making the State of Indonesia free from extortion. The establishment of the Saber Pungli Task Force to provide public trust, justice, legal certainty, deterrent effect and strict sanctions for extortion practitioners and improvement of economic performance going forward. Saber Pungli task force with its position which is under and directly responsible to the President, has an equal position with the state ministry. Keyword: extortion, extortion eradication task force.
KLAUSULA ARBITRASE DAN ITIKAD BAIK PARA PIHAK SEBAGAI DASAR PENYELESAIAN SENGKETA BISNIS INTERNASIONAL Junior Willem John Latumeten
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.337 KB) | DOI: 10.23969/litigasi.v20i1.1113

Abstract

When the parties have agreed to choose arbitration as the dispute resolution agency, the district court must refuse to examine and adjudicate on the dispute, if one party brings the dispute resolution to the district court. However, in practice there are those who still choose to use the path of the judiciary. Among them is the case of Decision Number 410 / Pdt.G / 2011 / PN.Jak.Pst. and 534 / Pdt.G / 2011 / PN.Jkt.Sel although with different decision results. Based on the reality of this practice, this paper intends to examine whether the decision number 410 / Pdt.G / 2011 / PN.Jak.Pst can be deemed as International Civil Law and whether the action as the object of disputes in the Case Number 410 / Pdt.G / 2011 / PN.Jak.Pst is an unlawful action. Cases that are settled in a district court regardless the clause that states that in the case of dispute, it will be settled arbitrarily by the parties, then the decision produced by the District Court is not an international civil law. Actions which are subject to dispute in the Case Number 410 / Pdt.G/2011/PN.Jak.Pst are not unlawful acts. The absolute competence of arbitration is that a case arising from the agreement itself is not an act that is regulated outside the agreement even though there is a clause stating that if there is a dispute it will be settled arbitrarily. When the parties no longer have a good intention to settle the dispute through arbitration, then this becomes the authority of the district court. Keywords: International Business Dispute Arbitration Clause.
MODEL PENDIDIKAN HUKUM DALAM UPAYA MEWUJUDKAN KESADARAN HUKUM SISWA SEJAK DINI Gialdah Tapiansari Batubara; Firdaus Arifin
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.237 KB) | DOI: 10.23969/litigasi.v20i1.2106

Abstract

Indonesia as a state of law, has written and unwritten rules as an abstract form of legal protection for the community, while concrete legal protection, one of which, is protected from the target of crime and from the potential of becoming a criminal. One important and fundamental aspect of this problem lies in the process of transforming the noble values ​​of law through a legal education. Here the model used in legal education largely determines the realization of legal awareness. This article tries to give a little description of the relationship between them qualitatively, especially on the basis of the fact that legal education is the most rational method for shaping students legal awareness. The relationship between the variables of legal education and the variable of legal awareness of students is very significant. The object of legal education must reach school students. Legal education is not the only indicator of student legal awareness, but it is qualitatively clear that with the earlier, frequent and increasingly broad range of legal education activities carried out by professional communicators, accompanied by increasingly sophisticated, simple, smart, standard communication techniques: safe, real, quick, practical, effective, imaginative fun, award, problem solving oriented, with gender perspective, prioritize the best interests of students, and provide space to appreciate students rights.It is believed that legal education will have a greater impact on the formation of student legal awareness. Keywords: Model, Education, Law, Awareness, Students.

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