LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara

EFEKTIFITAS KEBIJAKAN ANTI-SLAPP DI INDONESIA UNTUK MENCEGAH KRIMINALISASI PERAN SERTA MASYARAKAT DALAM PERLINDUNGAN DAN PENGELOLAHAN LINGKUNGAN HIDUP YANG BAIK DAN SEHAT

Farhanas Maharani, Indah Sari — Tue, 10 Dec 2024 00:00:00 +0000

This study examines the effectiveness of anti-SLAPP policies in Indonesia in preventing the criminalization of community participation in protecting and managing a good and healthy environment. This study uses a normative legal method with a statutory, conceptual, and case approach. The main focus of the study is Article 66 of Law No. 32/2009 which is strengthened by the provisions of Law No. 6/2023 concerning Job Creation, which aims to protect the community and environmental human rights activists from criminalization. The results of the study show that although Article 66 of Law No. 32/2009 has the intention to protect the community, its implementation has not been fully effective. The lengthy legal process, high costs, and difficulties in proof hinder the effectiveness of this policy in preventing the SLAPP phenomenon. In addition, there is a lack of integration between law enforcement agencies and an unclear definition of obstructive acts. The government has a crucial role in formulating more comprehensive and proactive policies, ensuring stronger legal protection for community and environmental rights. Therefore, a more holistic policy is needed, which supports the protection of human rights and the environment, and is integrated with the existing legal system to optimize protection for activists and communities involved in the struggle for environmental rights.

EFEKTIFITAS KEBIJAKAN PEMBERIAN TUNJANGAN KINERJA TERHADAP PENINGKATAN DISIPLIN PEGAWAI DI LINGKUNGAN KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA (STUDI KASUS DI LAPAS NARKOTIKA KELAS IIA BANGLI)

I Wayan Rusmantara, Diding Rahmat — Sun, 01 Dec 2024 00:00:00 +0000

Class IIA Bangli Narcotics Penitentiary is a Technical Implementation Unit under the Ministry of Law and Human Rights of the Republic of Indonesia which is specifically designed to accommodate leukemia with drug conversion cases, in addition to functioning as a remote place, Class IIA Bangli Narcotics Penitentiary is also used as a Rehabilitation place for drug addicts. Therefore, agreeing to a very important thing, the government provides additional income called a performance allowance. The government hopes that with the existence of employee performance allowances, it can improve each person's self-discipline which will directly improve individual performance and the performance of the Class IIA Bangli Narcotics Penitentiary Technical Implementation Unit. This study aims to determine the Effectiveness of the Policy of Providing Performance Allowances on Improving Employee Discipline in the Ministry of Law and Human Rights (Case Study at Class IIA Bangli Narcotics Penitentiary). This study uses an empirical method with a factual approach or what is familiarly known as a factual approach in the field in the form of data collection such as laws and regulations, reports, Attendance and submission of performance permits and interviews. Data processing is carried out by looking at employee discipline that uses laws and regulations as a reference for employee behavior and using data in the form of absences, submission of performance allowances and data from interviews conducted with task and function holders in the personnel field to describe how effective the influence of the Performance Allowance Policy is on Improving Employee Discipline in the Ministry of Law and Human Rights. The results of the study show that the performance allowance policy has a positive impact on the quality of work, communication, and employee discipline. The quality of employee work is reflected in the low level of lateness and the achievement of the Corruption-Free Area (WBK) predicate in 2024. Communication between employees and superiors is going well, creating harmonious professional relationships and supporting smooth operations. In addition, the level of employee discipline is also very high, with an average lateness of only 0.35% per month.

ETIKA MORAL DAN INTEGRITAS TERSELENGGARANYA SISTIM DEMOKRASI PEMILIHAN LANGSUNG KEPALA DAERAH 2024 SESUAI NILAI YANG TERKANDUNG DALAM PANCASILA

Maniur Sinaga — Sun, 01 Dec 2024 00:00:00 +0000

Democracy is a main pillar in the Indonesian government system which is based on the 1945 Constitution and adopts a presidential system with direct elections every five years. General Elections (Pileg and Pilpres) and Regional Head Elections (Pilkada) are part of the Pancasila Democracy system which emphasizes ethics and morals in the nation and state. Pilkada as a form of democracy provides constitutional rights for citizens to elect regional leaders who are considered worthy. This direct election strengthens the democratic system with the principles of direct, general, free, and secret (Luber), but faces major challenges, including the potential for disputes in court. This study uses a normative research method with a statutory regulatory approach and case studies on the implementation of democracy in the 2024 Pilkada. The legal basis used includes Law No. 10 of 2016 concerning Pilkada and Law No. 7 of 2017 concerning Elections, which are a follow-up to the Constitutional Court Decision No. 14 of 2013. The results of this study indicate that there is a close relationship between the values of Pancasila and democracy in the 2024 Pilkada, especially in the aspects of justice, equal rights, and political participation based on national ethics and morals. However, the implementation of Pancasila values in the democratic process still faces challenges, such as money politics, hoaxes, and political polarization that can erode the integrity of the election. Therefore, it is necessary to strengthen ethics and morals in the 2024 Pilkada through political education, strict law enforcement, and optimization of the role of election organizers and supervisors.

PEMUTUSAN HUBUNGAN KERJA KARYAWAN PERJANJIAN KERJA WAKTU TERTENTU (PKWTT) OLEH PT.DUTA SARANA PERKASA – KABUPATEN BOGOR. (ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 791 K/PDT.SUS- PHI/2023)

Evo Jumpangena Sembiring Kembaren, Indah Sari — Sun, 01 Dec 2024 00:00:00 +0000

Unilateral termination of employment often occurs due to lack of good communication between employers, workers and the government. In this research the author examines and analyzes the Supreme Court Decision Number 791 K/Pdt.Sus-PHI/2023 which adjudicates and examines disputes between workers and PT. Sarana Perkasa Ambassador- Bogor Regency.In this case, the company unilaterally terminated employment relations with employees with an indefinite work agreement (PKWTT), and was not willing to pay severance pay, long service award money and compensation for rights in accordance with article 40 paragraphs (2), (3) and paragraphs (4) Government Regulation no. 35 of 2021. Even though the mechanism for terminating employment relations has been regulated in Article 151 of Law No. 11 of 2020 concerning Job Creation, industrial relations disputes often occur. This research uses normative juridical methods, by analyzing the Supreme Court decision Number 791 K/Pdt.Sus -PHI/2023, through a statutory approach and a case approach. The research results show that First, the mechanism for terminating employment relations carried out by PT. Duta Sarana Perkasa violated statutory regulations. Second, in its decision, the Supreme Court annulled the PHI Bandung decision, on the grounds that it had misapplied the law, and in adjudicating itself regarding judex facti and the reasons submitted by the workers, especially related to status. employees and the rights that workers must receive if they are laid off in accordance with applicable laws and regulations, the author sees that there are legal norms that are ignored by the Panel of Judges regarding processing wages which are not stated in the decision, processing wages that workers should be able to receive after decision determined by the Supreme Court.

RATIO LEGIS PENGATURAN PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (PPPK) MENGGANTIKAN KEBERADAAN PEGAWAI TIDAK TETAP DI LINGKUNGAN INSTANSI PEMERINTAH DALAM HUKUM KEPEGAWAIAN INDONESIA

Ahdi Rajab Maliq, Selamat Lumban Gaol — Wed, 04 Dec 2024 00:00:00 +0000

The existence of Law of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus is different from previous civil service laws. Therefore, it is very interesting and important to study further regarding what legal ratios regulate Government Employees with Work Agreements (PPPK) to replace the existence of non-permanent employees in the Indonesian civil service system in Law Number 20 of 2023 concerning State Civil Apparatus? and how to implement the protection of the rights, obligations and responsibilities of Government Employees with a Work Agreement (PPPK) within Government agencies within Indonesian civil service law. To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that when the law came into force on October 31 2023, Law Number 5 of 2014 concerning State Civil Apparatus was revoked and declared invalid. What's new is what you need to know about the provisions of Law Number 20 of 2023: a) The 2023 ASN Law provides the same rights for civil servants and PPPK; b) there are no longer the terms Central Civil Servants and Regional Civil Servants; c) Certain ASN positions can be filled by TNI soldiers and members of the Republic of Indonesia Police; d) ASN Employee Rights; e) ASN employees can be dismissed if they do not perform; f) Honorary honorary appointments are not permitted; and g) Non-ASN employees or other names must have their arrangements completed no later than December 2024 and from the time this Law comes into force. The facts on the ground are that there is still a lot of discriminatory treatment for PPPK ASN.

PANCASILA DAN HAK ASASI MANUSIA : MENJAGA KESEIMBANGAN ANTARA HAK INDIVIDU DAN KEPENTINGAN UMUM

Oding Junaedi — Tue, 10 Dec 2024 00:00:00 +0000

This article discusses the balance between individual rights and public interest in the context of human rights based on the principles of Pancasila. Human rights are recognized in the Indonesian legal system, but their implementation takes into account social harmony. This study uses a normative method with a legislative and conceptual approach. The results of the study indicate that Pancasila is the basis for balancing individual freedom with social responsibility. However, challenges arise in implementation, especially related to freedom of expression, public policy, and social justice. Several regulations, such as the ITE Law and spatial planning policies, reflect the state's efforts to regulate this balance, although they still need to be evaluated to avoid excessive restrictions on individual rights. This study emphasizes that human rights in the Indonesian legal system are not absolute, but must be in line with the values of Pancasila. Therefore, it is necessary to revise policies that have the potential to disproportionately limit individual rights and strengthen public understanding of human rights within the framework of Pancasila.

IMPLEMENTASI PERATURAN MENTERI KETENAGAKERJAAN NOMOR 2 TAHUN 2015 TERHADAP PERLINDUNGAN HAK PEKERJA RUMAH TANGGA DILINGKUNGAN KECAMATAN KRAMAT JATI

Kasmedi Munizar, Sudarto — Tue, 10 Dec 2024 00:00:00 +0000

The large number of workers in the scope of Domestic Workers should receive more attention. Domestic Workers should be included in formal sector workers who are protected by the provisions of the law. The living and working situations of domestic workers do not reflect workers at all. Domestic workers in carrying out their work are included in jobs that do not have legal norms like formal workers regulated in the UUK so that their rights as workers are neglected. There are no special regulations on domestic workers so that it is considered necessary to protect domestic workers and make regulations on the protection of domestic workers as the basis for Permenaker Number 2 of 2015 concerning the Protection of Domestic Workers. The research method uses normative legal research. The results of the study show that the government issued Permenaker No. 2 of 2015 concerning the Protection of Domestic Workers. But the regulation still has shortcomings. Minister of Manpower Regulation Number 2 of 2015 has included the rights of domestic workers in Article 7 and the obligations of domestic workers in Article 8. In addition, Article 5 of this regulation also stipulates that the parties must reach a written or verbal agreement, which reads "Employers and domestic workers are required to make a written or verbal work agreement that contains rights and obligations and can be understood by both parties and is known by the head of the Neighborhood Association or by another name". Basically, the existence of domestic workers in working is not much different from other workers. Domestic workers should be treated the same as other workers. Various civil rights of workers which are basic rights of workers (normative rights, such as wage protection, working hours, holiday allowances, social security for workers, compensation for termination of employment and rest/leave rights) apply to workers in general and should be applied to domestic workers.