Suchergebnisse

In an outsourcing system, it is certain that the working relationship between employer and worker is a working relationship with a particular Time Agreement. This status becomes a problem because there is no certainty about the continuity of the employment relationships and the non-fulfillment of the rights that workers should receive, thus this is harming the workers economically and socially. The regulation related to the outsourcing system that stated in the Manpower Act No. 13 of 2003 is also difficult to implement in a business world since the existing rules do not meet the needs of the labor market. Company does not make the flow of production activities so that it is unclear and no legal certainty about the nature and types of core business and non core business activities. In the implementation of job protection and work requirements for outsourced workers, the government should enhance its role in the supervision and enforcement of labor law through the quantity and quality of labor inspectors.

Pekanbaru City and Makassar City are areas that serve as refugee shelters in Indonesia. Generally, refugees in Pekanbaru City and Makassar City were only transiting, while the main destination was Australia. However, the Australian Government's strict policies resulted in refugees being held in Indonesia for many years. This research then examines how the protection of refugees in Pekanbaru City and Makassar City towards the granting of refugee rights granted by the Government and international organizations regarding the status of refugees so far. The author uses empirical/sociological legal research methods, which are conducted by observational research, by conducting surveys, and empirical or socio-legal approaches, namely through field observations, interviews, and literature studies. The results of this study found that Indonesia has respected the provisions of international law in protecting refugees in Indonesia. The handling of refugees in Indonesia For the most part, it has worked well in granting refugee rights under the provisions of international conventions on refugee status.

This paper aimed to analyze human rights violations against migrant fishing boat crews with a case study on the Chinese-flagged Long Xing fishing boat. The research method used is empirical legal research using primary data and secondary data. The results showed that there had been human rights violations experienced by migrant fishing boat crews aboard the Chinese-flagged Long Xing fishing boat. These human rights violations have occurred since the pre-employment phase. The act of dumping the bodies of the crew members of Indonesian ships into the sea in the case of the Long Xing Ship violated the provisions of the ILO Seafarers Regulation Article 30 concerning protocol if the crew of the ship died, also violated Indonesia's national regulations, namely the Minister of Transportation Regulation No. 84 of 2013 Article 18 concerning the protocol for repatriating the bodies of crew members. Therefore, Indonesia's Government needs serious improvements to protect Indonesian fishing boat crews by implementing legal protection regarding their rights both before, during, and after Indonesian migrant fishery crew members work abroad

AbstractThe negative impact of the use of law as a means of changing society in authoritarian countries is seen already clear when in authority a regime that was decades on authority in Indonesia. The regime overcome all the forces that exist in society and the bureaucracy is crucial. Political parties in that era were not independent. The decisions in the field of legislation more influenced by the government's political vision. Here, the law has been used as synonymous with power, so that can not be distinguished more clearly, where the law where power, where "rechtsstaat" and where "machtstaat", where state laws and which countries tyranny legitimized by law. The law should be given charges philosophical truth values are deduced from the principles of the law by the authorities, in fact the loaded power itself that must be regarded as truth. Manipulation of the truth that's going on here is misdirection logic through language games that the law is the same as the laws in the flow of positivism. Keywords: Legal, Moral and Authority AbstrakDampak negatif penggunaan hukum sebagai sarana perubahan masyarakat dalam negara otoriter terlihat sudah secara terang benderang ketika berkuasanya sebuah rezim yang puluhan tahun berkuasa di Indonesia. Rezim tersebut mengatasi semua kekuatan yang ada dalam masyarakat dan birokrasinya sangat menentukan. Partai-partai politik pada era itu tidak mandiri. Keputusan-keputusan di bidang legislasi lebih banyak diwarnai oleh visi politik pemerintah. Disini hukum telah dijadikan identik dengan kekuasaan, sehingga tidak dapat dibedakan lagi secara tegas, mana hukum mana kekuasaan, mana rechtsstaat dan mana machtstaat, mana negara hukum dan mana negara tirani yang dilegitimasi secara hukum. Hukum yang seharusnya diberi muatan-muatan nilai-nilai kebenaran filosofis yang dideduksi dari asas-asas hukum oleh kekuasaan, pada kenyataanya diberi muatan kekuasaan itu sendiri yang harus dipandang sebagai kebenaran. Manipulasi kebenaran yang terjadi disini berakar penyesatan logika melalui permainan bahasa (language of the game) bahwa hukum itu sama dengan undang-undang dalam aliran positivisme. Kata Kunci: Hukum, Moral, dan Kekuasaan

Persyarikatan Muhammadiyah as the largest Islamic community organization in Indonesia, which has business charities in the fields of education, health, social, economy and culture, develops its program through the Muhammadiyah Legal Aid Service Program under the coordination of the Muhammadiyah Central Leadership and Human Rights Council. LBHMU was established to help the poor who are facing legal problems. LBHMU's role is to provide free legal consultation and case assistance services to members of the community who are economically weak and have access to justice. This type of research is a type of empirical legal research, using primary, secondary and tertiary legal materials. Methods of collecting data through field studies, namely observation, surveys and interviews. The conclusion of this research is the development of Muhammadiyah Legal Aid Services with strategies including: strengthening LBHMU's vision to help the poor, maximizing funding sources from the Ministry of Law and Human Rights, as well as Lazismu, and conducting National Coordination Meetings.