Jurnal Restorative Justice

Analisis Upaya Hukum Bagi Peserta Magang MBKM Dalam Menuntut Hak-Hak Berdasarkan Sistem Hukum Ketenagakerjaan Di Indonesia

2024-11-20

The Merdeka Campus Learning Internship Program (MBKM) provides students with the opportunity to gain valuable work experience relevant to their fields of study. However, interns often face challenges in asserting their rights, such as fair wages, appropriate working hours, and adequate legal protections. This study aims to analyze the legal efforts that MBKM interns can undertake to claim their rights based on the labor law system in Indonesia. The type of research used is normative legal research with a statute approach and a conceptual approach. The results show that although interns have certain rights, awareness of these rights remains low. Many interns are unaware that they are entitled to the same legal protections as other workers, resulting in frequent unfair treatment. Additionally, there are shortcomings in the regulations governing the protection of interns, which often leaves them vulnerable to exploitation by companies. Recommendations are made to enhance legal protection for interns, including the need for socialization regarding their rights to students and industry stakeholders. Educational institutions are also expected to play an active role in providing clear information about the rights held by interns. Furthermore, it is important to involve companies in creating a fairer and more transparent internship environment. Thus, it is hoped that interns can be more proactive in asserting their rights and gaining beneficial experience during their internship, contributing to their professional development in the future. This research is expected to serve as a reference for improving internship policies and practices in Indonesia.

Bingkai Hukum Negara Indonesia Dalam Perlindungan Hak Ulayat Dan Kesejahteraan Masyarakat Adat Di Daerah Perbatasan

2024-11-29

This article explores the significance of safeguarding customary rights of indigenous peoples in Indonesia, especially in border regions, with a specific focus on Sota District, Merauke Regency, South Papua. Customary rights, representing the supreme right to land inherited intergenerationally, hold profound social, cultural, and economic value for indigenous communities. Nevertheless, their protection is frequently impeded by agrarian conflicts, deficiencies in the legal system, and the repercussions of climate change. In border areas, customary rights become even more susceptible due to economic interests and the incongruence between government policies and local wisdom. This research employs a qualitative approach, utilizing literature reviews, interviews, field observations, and document analysis, to assess the effectiveness of the legal framework in safeguarding customary rights. Findings indicate that despite a solid legal foundation, the implementation of customary rights protection encounters numerous challenges, necessitating collaborative endeavors from various stakeholders to bolster protection and the well-being of indigenous peoples in border regions.

Asas Keseimbangan Dalam Perjanjian Kredit Benda Produktif (Grab Mobil)

2024-12-03

The principle of balance is an important principle in contract law which aims to guarantee justice and equality of rights and obligations for the parties in an agreement, especially in credit agreements for productive objects such as Grab Mobil. Through this, driver partners obtain vehicles financed by financial institutions for productive purposes, but are often faced with terms and conditions that favor creditors. The emergence of this has the potential to cause injustice for driver partners who have a weak bargaining position. Based on articles in the Civil Code (Civil Code), the principle of balance directs contracts that are not only valid, but also pay attention to the principles of propriety and justice. In this discussion, analysis is carried out on the application of the principle of balance through three approaches: the statutory regulation approach to identify the legal basis; conceptual approach to understanding related legal theories; and approaches to studying the implementation of this principle in other legal systems. With this approach, the analysis is expected to provide a comprehensive picture regarding the application of balance in credit agreements for productive objects, in order to create a fair and appropriate agreement for all parties. The principles of pacta sunt servanda and freedom of contract also provide a strong legal basis for the application of the principle of balance. However, the application of the principle of balance in contract law in Indonesia still requires interpretive assessment, in contrast to countries such as the United States and England which have special regulations for measuring balance in consumer credit agreements. Through comparison with other countries, it appears that Indonesia can improve debtor protection with special regulations that ensure consumer rights are protected in credit agreements.

Keywords: balance principle, credit agreement, productive objects.

Perlindungan Merek UMKM Di Era Digital: Kepastian & Tantangan Penegakan Hukum

2024-12-13

This research is conducted to examine the problem of legal protection of MSME brands in the digitalization era in the scope of legislation, challenges and law enforcement processes. This research uses normative juridical research and is descriptive qualitative with a statutory approach, concept approach and comparative approach. The results show that first, the laws and regulations that accommodate the protection of MSME brands include Law No.20 of 2016, Law No.20 of 2008, PP No.7 of 2021 and PP No.28 of 2019. The form of MSME brand protection is carried out by constitutive methods and is carried out by means of collective registration, procurement of cooperation, special relief and provision of financing. Unfortunately, in terms of regulation it has weaknesses in the form of potential ownership of the brand not from the original inventor. This is different from the constitutive system in the United States which uses the consideration of use in commerce and intent to use in commerce in determining the rights to the trademark. Second, the challenges of law enforcement of MSME brand protection in the digital era are the lack of public knowledge regarding trademark registration and trademark infringement to the decline in public enthusiasm and awareness in protecting MSME brands. On this basis, DJKI then conducts law enforcement by following up complaints of trademark infringement, optimizing trademark protection programs, conducting socialization and education, holding cooperation to form a special task force. The protection of MSME brands is crucial because it can prevent brand infringement, support the creative industry and maintain brand originality.

Perbandingan Sistem Hukum Perdata Negara Inggris (Common Law System) Dan Negara Indonesia (Civil Law Sytem)

2024-12-03

Comparative law in its content clearly requires a comparison of two or more legal systems, two or more legal traditions. In this world we do not find only one legal system, but more than one legal system, namely the Civil Law System and the Common Law System. Furthermore, in this article what will be studied is the comparison of the civil law system of the English Common Law System and the Indonesian Civil Law System. The formulation of the problem in this article is how the civil law system differs between the English Common Law and the Indonesian Civil Law in terms of the structure of the judicial body, the source of procedural law, the judicial process, the presence or absence of a jury system, and the position of judges and lawyers in the judicial process. The legal research method used is normative legal research method. The results obtained are 1) In England civil cases are generally tried in the Country Court for simple cases and the High Court of Justice for complex cases. Appeals are filed at the Court of Appeal while cassations at the UK Supreme Court. In Indonesia, criminal and civil cases are tried in the District Court, appeals to the High Court and cassations to the Supreme Court. 2) The sources of English law are jurisprudence, statute law, custom, and reason. Indonesian sources of law are legislation, custom, treaties, jurisprudence, and doctrine. 3) In both the UK and Indonesia the first trial is an peaceful attempt, the difference is that in the UK it is presided over by a former barrister or solicitor while in Indonesia it is presided over by a judge. 4) The UK generally does not recognize the jury system, except in complex criminal and civil cases, while Indonesia does not recognize the jury system. 5) In England the judge plays an active role in the trial, while in Indonesia the judge is passive. 6) In England lawyers are divided into two, namely solicitors and barristers, while Indonesia does not recognize two divisions of lawyers.

Keywords: comparative law sytem, common law, civil law

Dampak Hukum Penetapan Kawasan Pangan Nusantara Di Provinsi Sulawesi Tengah

2024-12-05

The Unitary State of the Republic of Indonesia is founded on the unity of the territory of the Province
and Regency/City as regulated by Article 18 paragraph (1) of the 1945 Constitution of the Republic of
Indonesia. This article is the constitutional basis for forming Law Number 23 of 2014 concerning
Regional Government, which accommodates regulations regarding the division of government affairs,
including food affairs. This study aims to identify and describe the legal impact of the determination of
Talaga Village, Dampelas District, Donggala Regency, Central Sulawesi Province as the Indonesian
Food Area, which was formed based on the Decree of the Governor of Central Sulawesi Number
504/117.1/DBMPR-G.ST/2022 concerning the Determination of Talaga Village, Dampelas District,
Donggala Regency, as the Indonesian Food Area for the National Food Provision Improvement Program
(Food Estate). This research is normative legal research, using a statute and conceptual approach. The
legal materials used are laws and regulations at the Central and Regional levels of Central Sulawesi
Province and legal concepts taken from the latest legal references. The results of the study concluded
that there are several legal impacts of the determination of the Food Estate in Central Sulawesi Province, in environmental law, forestry law, spatial planning, and agrarian disputes aspects.

Efektivitas Penanganan DP3AP2KB Dalam Mengatasi Kekerasan Terhadap Perempuan Dan Anak Di Kabupaten Merauke

2024-12-09

Violence is defined as behavior by a person or group that harms a person's bodily or mental integrity. Children and women victims of violence in Merauke Regency are increasingly concerned, most victims experience physical and psychological abuse. Economic demands are one of the main causes of violence. The purpose of this paper is to find out how the effectiveness of DP3AKB Merauke Regency, against violence against women and children in Merauke Regency. The qualitative method used by researchers in this writing. While the case approach used in this writing. Based on the author's analysis, effective steps in women's empowerment, child protection, and family planning are instrumental in helping women and children in Merauke Regency in order to overcome violence. To carry out a prevention, recovery, and resocialization in handling violence against women and children is certainly a serious challenge faced, this is because there is a habit in society that thinks that violence against children and women is a disgrace forbidden for families and schools.To ensure protection for victims can run properly, victims and psychologists must communicate in advance during recovery efforts so that these problems can be addressed, especially in terms of trauma caused by the violence.

Kedudukan Visum Et Repertum Dalam Dakwaan Penuntut Umum Terhadap Tindak Pidana Penganiayaan

2024-12-10

This study aims to determine the role of visum et report in preparing the public prosecutor's indictment and to determine the evidentiary power of visum et report as evidence in the case of persecution crime. To support this research, the author uses empirical juridical methods with data obtained through primary and secondary sources; then, the data is analyzed descriptively and qualitatively. From the results of the research conducted, it can be seen that the visum et repertum has a vital role in providing a clear picture of the injuries suffered by the victim by matching the results of the visum et repertum with existing witness testimony. It also plays a role in determining the alleged article to fulfill the criminal elements of the defendant's actions to facilitate the prosecutor in preparing the indictment. The evidentiary power of the visum et repertum as valid evidence in the case of the crime of assault has the same high evidentiary power as other evidence that is also submitted by the public prosecutor in the trial because it refers to the provisions of the criminal procedure law, besides that the visum et repertum does not have binding and non- compelling power for the judge.