Legal Security and Legal Protection Of Outsourcing Employees Based On Indonesian Labor Law

Outsourcing practices are a serious concern in discussions of employment in Indonesia because almost all companies rely on outsourced labor to maintain their competitiveness in a rapidly changing global economy. This research method uses normative legal research using a literature study approach to analyze the data used in this article. The aim of the research in this article is to examine the regulation and implementation of outsourcing from a labor law perspective, as well as to examine legal certainty and protection for the implementation of labor using an outsourcing system in companies. The results and discussion in this article are that in the field of employment law, outsourcing can be implicitly found in the provisions of Law Number. 13 of 2003 concerning Employment. One form of legal protection and certainty, especially for workers, is through the implementation of work agreements. An employment agreement is an agreement made between the employer and recipient of employment and is the starting point for an employment relationship, which contains employment conditions that refer to Law Number 13 of 2003 on Employment.Keywords:Legal certainty; Legal Protection; Outsourcing Labor; Employment La

Practice of Diploma Retention in Industrial Relations: Analysis from the Perspective of Labor Law

The practice of withholding diplomas by companies in industrial relations in Indonesia is still often found even though it has no legal basis. This withholding of diplomas is generally carried out on the grounds of ensuring the continuity of the employment contract and preventing workers from resigning before the end of the employment period. However, this action is contrary to the basic principles of Indonesian labor law which prioritize freedom of contract, protection of workers\u27 rights, and the right to private property. This study aims to analyze the practice of withholding diplomas in industrial relations and its compliance with the provisions of labor law in Indonesia. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that the practice of withholding diplomas is not in accordance with the provisions applicable in Indonesian labor law, including Law Number 13 of 2003 concerning Manpower and Law Number 39 of 1999 concerning Human Rights. This practice also has the potential to violate human rights guaranteed by the constitution. Workers who experience diploma withholding have several legal remedies that can be taken, such as complaints to the Manpower Office, settlement of industrial relations disputes, and civil lawsuits. This study recommends that the government, companies, and workers improve their understanding and supervision of workers\u27 rights to create fair and just industrial relations

ANALISIS YURIDIS TERHADAP JUDEX JURIS DALAM MENERAPKAN HUKUM PADA KASUS KELALAIAN GURU YANG MENGAKIBATKAN KEMATIAN SISWA

The Judge's decision is inseparable from mistakes and oversights. Mistakes and oversights can be corrected by implementing legal remedies. Judges at the District Court and High Court who act as Judex Facti have the authority to examine evidence from a case and determine the facts of the case, while Judges at the Supreme Court of Cassation level act as Judex Juris have the authority to examine the application of law to a case that has been carried out by Judex Facti. This research is a juridical normative research, with the nature of descriptive analysis research so that it can be analyzed qualitatively. The data collection technique was carried out by examining the Cassation Decision Number 767 K/PID/2018 and the Judicial Review Decision Number 62 PK/Pid/2019. This case cannot be said to be a criminal act of negligence, because according to legal facts before the trial it was stated that the teacher had given instructions to his students not to enter the swimming pool first, but there were several students who did not follow the instructions. So that the elements of negligence in Article 359 of the Criminal Code are not fulfilled. At the first level and review, the actions of the accused/convict are declared not guilty. However, at the cassation level, Ronaldo Laturette, S.Pd. proven guilty of committing the crime of negligence resulting in death and sentenced to imprisonment for 5 months

ANALISIS YURIDIS TERHADAP PENERAPAN SANKSI PIDANA BAGI PELAKU PENIPUAN DALAM TRANSAKSI ELEKTRONIK BERDASARKAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALI DITINJAU DARI KUHP DAN UU ITE (Studi Kasus Putusan Nomor 173/Pid.B/2017/PN.DMK)

Fraud is an act with the intention of unlawfully benefiting oneself or another person that causes harm to the victim. But along with the development and advancement of technology, fraud is carried out through electronic media. This study aims to find out how the application of the principle of lex specialis derogat legi generali to the decision, and to find out how to overcome the occurrence of online fraud crimes in Indonesia. The research method used is normative juridical and library research by conducting an assessment of the laws and regulations, other sources related to this research. The results showed that the judge did not apply the principle of lex specialis derogat legi generali by deciding the case with the article of the Criminal Code, not the article on the UU ITE. Efforts that can be made to overcome the occurrence of online fraud crimes are penal and non-penal policies

ANALISIS YURIDIS TERHADAP IMPLEMENTASI PROTOKOL KESEHATAN DI SAAT PANDEMI DALAM LEMBAGA PEMBINAAN KHUSUS ANAK KELAS I TANGERANG DITINJAU DARI UNDANG UNDANG NO. 36 TAHUN 2009 DAN UNDANG-UNDANG NO. 12 TAHUN 1995

Children are gifts entrusted by God Almighty to every human being and are obliged to look after them because they have human rights that have been upheld by the 1945 Constitution, namely the right to life, health, growth and development as well as the right to protection. The problem in this research is how is the implementation of the health protocol in the Tangerang Class I Special Children Development Institute and what are the obstacles in implementing the health protocol in the Tangerang Class I Special Children Development Institute. The method used is empirical juridical which is descriptive analysis in nature so that the primary and secondary data are analyzed qualitatively. The implementation of the health protocol at the Tangerang Class I Special Children Development Institute can be seen in a number of coaching conducted for correctional students at the reformation and rehabilitation stages, while the obstacles encountered in implementing the health protocol in the Tangerang Class I Special Children Development Institution are the lack of drugs medicines, vitamins and health facilities, and health workers

TINJAUAN YURIDIS EFEKTIVITAS PELAKSANAAN PEMISAHAN BERKAS PERKARA PIDANA (SPLITSING) OLEH JAKSA PENUNTUT UMUM DALAM PROSES PENUNTUTAN

Research based on what is obtained in the field regarding the separation of criminal case files (Splitsing) this aims to determine the effectiveness in the prosecution process, basically there are many criminal acts committed by the community, especially narcotics crimes, thus as the Police have the right to conduct investigations regarding problems that arise in the community. to find out the truth of the mistakes made. In certain crimes, especially narcotics crimes, in this case there is a lack of testimony. The purpose of this study is to determine the effectiveness or success rate of using (Splitsing) in court. The research method used is empirical juridical where research is carried out by going directly to the field in order to obtain correct and accountable data. The nature of the research used in this study is descriptive analysis. The legal materials used are primary, secondary, and tertiary legal materials. Methods and tools of data collection in this study contained primary and secondary data. The results of this study indicate that the separation of case files must have certain criteria, and if this (Splitsing) is juxtaposed with the Inoself-incirmination Principle and the Cosatantie Justie Principle, it will not be relevant or effective because it does not meet what is meant by fast and low-cost trial and criteria. from the principle of presumption of innocence on the testimony of each other (Witness Crown

ANALISIS YURIDIS PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA ABORSI YANG DILAKUKAN OLEH SEORANG DOKTER DITINJAU DARI UU KESEHATAN

Abortion, which we often know as the act of an abortion, in Law Number 36 of 2009 concerning Health, abortion can be excluded in an emergency as an effort to save pregnant women and/or their fetuses. There are two types of abortion, namely spontaneous abortion (spontaneous abortion) and intentional abortion (Provocatus abortion). Abortion Provocatus Terapeuticus termination or expulsion of the pregnancy products from the uterus prematurely. Abortions that occur due to human actions can occur either due to professional medical reasons, for example, a pregnant woman suffers from an illness and to save the woman's life, the pregnancy must be aborted. Furthermore, abortion provocatus criminalis, namely abortion that occurs due to actions that are not illegal or not based on medical indications and are usually carried out secretly by uneducated personnel. The problem of this research is how is the judge's consideration in deciding an abortion case carried out by a doctor in accordance with the facts at trial based on Decision Number 1106/Pid.Sus/2018/PN.Plg. And how is the application of the law for perpetrators of the crime of abortion carried out by a doctor based on Decision Number 1106/Pid.Sus/2018/PN.Plg. This type of research is normative juridical because this research refers to the legal norms contained in legislation and court decisions as well as legal norms that exist in society. answer scientifically. The theoretical basis refers to the theory of legal certainty and justice and the applicable rules. The legal protection in this case is a benchmark in the judge's consideration to be careful in deciding a case so that it can deter perpetrators of the crime of abortion. The suggestion is that in deciding and implementing sanctions against the perpetrators of the crime of abortion in this case, the Majlis Hakim should be more careful in deciding a case

ANALISIS YURIDIS MENGENAI AKIBAT DEBITUR WANPRESTASI TERHADAP PT. BANK TABUNGAN PENSIUN NASIONAL, Tbk.

The financial system plays a very important role in the economy. As part of the economic system, the financial system functions to allocate funds from those experiencing a surplus to those experiencing a deficit. If the financial system is not stable and functions efficiently, the allocation of funds will not work properly so that it can hamper economic change. The purpose of this study is to examine how the judge's decision in deciding the auction trial of the default case of PT. Bank Tabungan Pensiun Nasional, Tbk. And the judge's decision has fulfilled the protection for debtors. This research method uses normative juridical. The nature of the research uses descriptive analysis. The legal materials used are primary, secondary and tertiary legal materials. The results of this study are the provision of money or equivalent claims, based on the approval or agreement of the borrower to pay off the debt after a certain period of time accompanied by interest according to banking law. Default means not fulfilling or negligent in carrying out something that is required or achievement, as agreed in an engagement. the implementation of the auction, namely by issuing an auction summons letter addressed to the creditor in order to know that the collateral goods which he pledged as collateral will be auctioned immediately

ANALISIS YURIDIS ATAS GUGATAN SITA JAMINAN DALAM PERJANJIAN KREDIT AKIBAT WANPRESTASI DI BANK PERKREDITAN RAKYAT BINA DANA SWADAYA (Studi Kasus Putusan Nomor: 360/Pdt.G/2018/PN.Tng)

Credit carried out by banks to the public through a credit agreement between the giver and the recipient so that a legal relationship occurs. In the agreement itself it is necessary to have a guarantee for legal certainty to be able to pay off the debtor's debts by confiscation of collateral. In fact, the implementation of credit agreements does not always run smoothly even though there are regulations governing the implementation of credit agreements, because there are also debtors who default, which often leads to disputes, which not infrequently also ends with the implementation or execution of debitor's property confiscation. Furthermore, to resolve the dispute, an independent and autonomous institution is needed which is expected to be able to resolve disputes in the fairest way possible by filing a lawsuit. However, the lawsuit filed was declared inadmissible. Therefore, the problem is how the judge's consideration of the implementation of the confiscation of guarantees in the default case on the credit agreement and what are the legal consequences in the default case on the credit agreement in Decision Number 360/Pdt.G/2018/PN.Tng

ANALISIS YURIDIS TERHADAP PENERAPAN SANKSI PIDANA BAGI PELAKU PENIPUAN DALAM TRANSAKSI ELEKTRONIK BERDASARKAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALI DITINJAU DARI KUHP DAN UU ITE

Fraud is an act with the intention of unlawfully benefiting oneself or another person that causes harm to the victim. But along with the development and advancement of technology, fraud is carried out through electronic media. This study aims to find out how the application of the principle of lex specialis derogat legi generali to the decision, and to find out how to overcome the occurrence of online fraud crimes in Indonesia. The research method used is normative juridical and library research by conducting an assessment of the laws and regulations, other sources related to this research. The results showed that the judge did not apply the principle of lex specialis derogat legi generali by deciding the case with the article of the Criminal Code, not the article on the UU ITE. Efforts that can be made to overcome the occurrence of online fraud crimes are penal and non-penal policies