This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the ...Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.
The copyright infringement that is currently on the rise is the emergence of illegal TV streaming apps. The application is now very annoying to official broadcasting rights holders because the ...presence of such illegal streaming applications will cause losses. This paper aims to find out the form of legal protection as well as legal action for television stations that suffer losses from the piracy of such broadcasting activities.This study is a normative legal study with normative jurisprudence approach to critically analyse the criminal and civil law norms against piracy TV broadcasts through the Live Streaming application aimed at digging and revealing the protection and enforcement of the law for TV stations suffered losses as a result of such piracy.If a person is found to conduct broadcasting or distribution without the permission of the owner who violates the provisions of Article 25 paragraph (2) of the Copyright Act with the criminal punishment of Article 118 of the copyright Act. Whereas the perpetrator of illegal live streaming application that violates Article 32 paragraph (1) of the ITE Act, can be subject to criminal sanctions as referred to in Article 48 paragraph 1 of the Act. The resolution of copyright disputes can be carried out through litigation and non-litigation. It would be better for the public to choose to watch legally and subscribe through an official service despite having to pay for the safety and convenience of the user.
During the Dutch colonial era, most of the land in Indonesia was controlled by the Dutch government with western rights and western law applied. The management of lands controlled by the Dutch ...government with western rights is subject to the Burgerlijke Wetbook (B.W.), where the term Civil Code is subsequently used. Western rights to land contained in the Civil Code include eigendom rights, erfacht rights, opstal rights, gebruik rights, and so on. The regulation of eigendom rights over land is implicitly contained in Book II Chapter III, specifically in Article 570 of the Civil Code, which states that: "property rights are the right to enjoy an item more freely and to act with that item, completely freely, as long as it doesn’t conflict with the law or general regulations stipulated by the competent authority and as long as it doesn’t interfere with the rights of other people, all of which does not reduce the possibility of revoking rights in the public interest and appropriate compensation for losses, based on the provisions legislation.
Traditional Cultural Expressions (TCE) in Penginyongan are diverse and unique. The uniqueness of Penginyongan culture has distinguished between the Javanese Palace culture (Keraton) and Ngapak ...culture. This condition makes cultural expressions more tangible to the community as folk art. The protection of TCE in Article 38 of Law No. 28 of 2014 on Copyright mandates the state to inventory existing TCE. However, only a tiny part of Penginyongan TCE in Banyumas Regency has been recorded, namely cowongan and begalan. This research uses a qualitative approach with normative juridical. Institutionalisation in protecting Intellectual Property Rights in Banyumas Regency can be seen in terms of legal substance, structure, and culture. In terms of legal substance, the protection of TEE is shown by the laws and regulations that protect it, although there is no specific law for the protection of TEE. Regarding legal structure, TCE protection in Banyumas Regency is carried out by Dinporabudpar (Department of Youth, Sport, Culture, and Tourism). Still, it has limitations, including in efforts to register Communal Intellectual Property Rights. In terms of legal culture, the protection of TCE in Banyumas Regency has obstacles related to the existing ‘speech’ culture.
The position of a notary is very necessary in the business world, because it is in accordance with its duties which is to record civil actions and set out in an authentic deed. source of data used in ...this study is secondary data consisting of primary legal materials in the form of basic norms/rules and related laws and regulations. with the law of protection of notaries in particular The type of research in this legal research is normative legal research, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues faced Engineering and data collection in research This is done by means of library research. Data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, secondary and tertiary related to this research.
In the dynamics of employment in Indonesia, the working relationship does not necessarily run optimally or can be said to experience problems that can be caused by the worker or the company. From ...these factors, it can allow for disputes between workers and employers in terms of termination of employment, especially during the Covid-19 Pandemic. This will cause several companies in Indonesia to lay off their workers. Some business actors have started to show concern, they think that the Covid-19 pandemic can be used as a justification for employers to reduce employees by considering it as force majeure. This is considered the urgency to conduct research. This research uses doctrinal law research or normative legal research. The research examines laws and regulations (law in books) or the rules/norms and principles contained in legislation, doctrines in legal science. Law is intended to refer to positive legal norms (ius constitutum). The results of this research show that the Covid-19 pandemic can be categorized as an unexpected event at the time the policy was made. That is, if there is a policy made during this pandemic and causes the termination of relations, it cannot be used as an excuse as a force majeure. Thus, there is a need for legal protection of Indonesian workers by the state to guarantee workers’ rights and realize workers' welfare.
Efforts to deliver overseas labour are considered effective to reduce the high unemployment rate in Indonesia. However, the higher the labour interest that wants to become migrant workers, the more ...cases experienced by Indonesian Migrant Workers (Tenaga Kerja Indonesia or TKI) abroad such as violence, rape, and wages that are not given during work. The low level of education of migrant workers is considered to be one of the main factors of the violence experienced by TKI. Protection against TKI working abroad has been governed by law No. 18 of 2017 on the protection of Indonesian migrant workers. The Indonesian Manpower Placement and Protection Agency (BP3TKI) is one of three institutions responsible for protecting the TKI working overseas. The purpose of this research is to further the broader explanation of the legal protection of Indonesian migrant workers abroad, conducted by BP3TKI in North Sumatera province. The method used in this study is a qualitative descriptive method consisting of interviews, documentation, and library studies. The results of this study indicate BP3TKI has carried out its duties based on Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. In carrying out its duties, there are several factors and obstacles faced by BP3TKI to provide maximum legal protection to Indonesian migrant workers.
Background: One of the human rights issues in the health sector is legal protection in conflict areas. The obstacles faced were the limited number of security personnel on guard and the long distance ...between the security post's location and the conflict's location.
Aims: This study aims to determine how legal protection for health workers in conflict areas is.
Methods: The method of this study is a literature review. The nature of this study is descriptive. The data collection method used is the literature study method, namely by collecting secondary data related to the issues raised.
Results: The results of this study show that the central and regional governments have not been maximal in protecting health workers in conflict areas.
Conclusion: Based on the results and discussion of this study, the recommendations are to make a grand design for health, security, and occupational safety for health workers, specifically in conflict areas, and to make standard operating procedures for handling cases of attacks on health workers in conflict areas.
Keywords: Human Rights, Legal Protection. Health Workers.