Law Review Volume XII, Nomor 1, Juli 2012 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Volume XII, Nomor 1, Juli 2012
|
|---|---|
| Penerbit | Universitas Pelita Harapan : jakarta., 2012 |
| ISSN |
1412-2561
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| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| Reformasi Pengaturan Outsourcing | As outsourcing arrangement does not formally exist in Law 13/2003 on Ketenagakerjaan, the interpretation of the provisions of Article 64-66 jo. drticle 59 of Law 13/2003, jo. Decision of the Constitutional Court No. jo. 27/ PUU-IX/2011 has become a social conflict. Hence devising a regulatory mechanism for the practice of outsourcing is urgent to resolve current labor problems in Indonesia. Using normative legal research methods, this paper finds that the absence of a precise definition of outsourcing leads to two different formulations of the notion contrary to the elements of a work contract. Article 1 of Law No. 15 defines a typical work relationship as a relationship between employers and workers/laborers under a labor agreement that complies with the cumulative elements of work, wage and order. Inconsistency between this definition and the legal effects of outsourcing impacts the already weak position of workers, which may be argued to be a modern form of slavery, in the outsourcing relationship. This paper recommends that reforms in outsourcing should address ambiguities in the identification of legal persons and the formulation of their rights and obligations in order to clarify who shall be legally responsible for the protection and implementation of workers rights in an outsourcing arrangement. | 39-54 |
| Hak-hak Buruh Dalam Perspektif Hukum Islam | Labor as a factor of production has great significance and a big role in economic, political, and social development. However, from ancient times until the present, the position of laborers has always been weaker and their interests have been seconded and diminished by the interests of employers. Therefore, Islam gives special attention to protecting labor rights. In his lifetime Prophet Muhammad lived by example and taught that laborers should be treated as members of ones family, be provided appropriate wages, food, and clothing, and not be exploited. According to Islamic teaching, laborers are partners of employers in business and trade. Islamic law for example mandates that wages and salaries must be paid to enable laborers to provide for themselves and their families. While there is consensus that labor rights are basic human rights, to date many of these rights are not accorded to laborers. In response workers have begun to fight for their rights, forming labor unions, which Islamic law likewise supports. | 55-70 |
| Perlindungan Hukum Bagi Pekerja di Indonesia Menurut Ketentuan Perundang-undangan Yang Berlaku | History has shown that in Indonesia and elsewhere in the world, workers are generally the weaker party in an employer-employee relationship as terms and conditions embodied in standardized contracts are unilaterally imposed by employers on workers who accept them on a take it or leave it basis. To some extent, Indonesia has provided basic guarantees to ensure favorable and fair treatment of workers under the Constitution and in a number of acts including Act No.1 of 1970 regulating work and occupational safety: Act No. 21 of 2000 granting workers freedom to form unions; and Act No. 13 of 2003 reaffirming basic labor rights and obligations. However, the foregoing protections are inadequate to place the worker on the same or equivalent footing as the employer. Government should therefore strive not only to strengthen legal protection for workers but also to ensure that the regulations in place indeed create and provide a continuous stream of available jobs and worker opportunities in the labor market. | 1-22 |
| Perlindungan Hukum Terhadap Pekerja Anak | Countries in the world are morally and legally required to uphold, protect and respect the human rights of children to grow physically and mentally. In the framework of the philosophy of Pancasila as the Indonesian way of e and the 1945 Constitution as the foundation of the Indonesia, national laws establish regulations governing the protection of child labor Act No. 13 of 2003 on Employment, Law No. 22 of 2002 on Protection of Children, Law No. 20 of 1999 on Ratification of ILO Convention No. 138 concerning minimum age for Admission to Employment (ILO Convention on minimum age of the child to be allowed to work). In essence, these laws prohibit Indonesian employers from employing children, subject to certain exceptions, as labor can affect their physical, mental, and moral development. Children in economically disadvantaged families are often forced to work to provide for their families or to augment their income. This paper recommends that as a specially disadvantaged group of working children, attention must be given to their needs and interests in order to ensure utmost legal protection against child labor exploitation. | 23-38 |
| Peran Negara Dalam Penyelesaian Perselisihan Hubungan Industrial | This article explores the role and function of civil servants appointed as ediators in thesettlement of industrial disputes as a form of state intervention. While previously under the exclusive domain of private law, government intervention in industrial relations through mediation is now deemed to be under sociale rechtsstaat. The necessity of intervention arises from the imbalanced positions and bargaining powers of workers and employers. Exercise of discretionary authority by mediators in labor affairs and dispute settlement is generally based on the principles of good governance, i.e., non- discrimination, non-abuse of power, and proportionality and balance. While recommendations made by mediators are not administrative decisions because they are arrived at in the exercise of judicial functions, they nevertheless underpin the legal framework for state protection of labor. A finding of this article includes the abolition of the term of mediator in Law No. 2 of 2004 on the Settlement of Industrial Relations Disputes and return to the use of the term of intermediary employees in the Law of 1957. | 71-88 |
| Penerapan Asas Peradilan yang Cepat, Sederhana dan Biaya Ringan dalam Praktek di Pengadilan Hubungan Industrial | Industrial Relation Court (Pengadilan Hubungan Industrial) is a court established based on Law No 2 Year 2004 regarding Industrial Relations Dispute Settlement (Undang-Undang No 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial). This court is a special court within the gcope of the general court. This court is formed in every district court in Etricts/cities located in each provincial capital whose jurisdiction covers the provinces concerned. With the establishment of Industrial Relation Court, any dispute in the field of industrial relations which can not be resolved through bipartite negotiations, mediation, conciliation or arbitration will be resolved by this court. The law which is generally used by the Industrial Relation Court is subject to the provisions as provided in civil procedural law, but given the industrial relations disputes is developing to be more complex, thus it is necessary to have institutions and fast, accurate, fair as well as inexpensive dispute resolution mechanism. This article is intended to find out how is the judicial application of legal principle, simple, fast and inexpensive, in the industrial relations court. | 89-100 |
| Director's Liabilities For Corporate Insolvency | Bentuk perusahaan Perseroan Terbatas (PT) dengan prinsip tanggung jawab terbatas pada pemegang sahamnya, sangat rentan untuk disalahgunakan baik oleh pemegang saham maupun direksi dengan mengorbankan kepentingan kreditor, pelanggan, atau pun nasabah. Untuk mencegah penyalahgunaan tersebut, hukum korporasi mewajibkan direksi untuk menjalankan tugasnya mengurus perusahaan dengan itikad baik dan penuh tanggung jawab. Pelanggaran terhadap tugas tersebut dapat mengakibatkan direksi bertanggung jawab secara pribadi terhadap kerugian atau pun kepailitan yang diderita perusahaan. Dalam tulisan ini akan dielaborasi bagaimana tanggung jawab direksi terhadap perusahaan pailit menurut hukum perusahaan Indonesia dan hukum perusahaan Australia. | 101-122 |
| Merekontruksi Perbuatan Melawan Hukum Oleh Aparatur Negara ke Dalam Gugatan Atau Tuntutan | Initiatives to improve the Indonesian civil wrong or tort system (onrechtmatige overheidsdaad) requires revisiting the elements of tort in order to uphold the principle of jurisdictional competence. This is particularly relevant in the case of state officials who commit Perbuatan Melawan Hukum which are also deemed as corrupt practices falling under the purview of Law No 20 Year 2001 regarding Corruption. Article 32 paragraph (1) Law Number 31 Year 1999 jo. Law Number 20 Year 2001 guarantees remedies against corrupt acts by the state apparatus. Currently claims against state officials are also actionable as a tort in civil law (private) or as a crime (wederrechtelijk) under the Kitab Undang-undang Hukum Pidana and other statutes regulating corruption. In view of the alternative causes of actions available, the issue of proper characterization of unlawful acts is crucial in view of its implications on jurisdiction, and other substantive aspects of the claim including the determination of remedies and compensation to injured parties, and must be addressed in current efforts to improve the Indonesian tort system. | 123-146 |