Legal Arrangements Research Articles

Legal Protection Against Pays of Workers Returned During the COVID-19 Pandemic Period in Indonesia

Purpose: This study aims to explain the role of the legal protection article on the wages of workers who work at home during the Covid-19 Pandemic. Because the virus spread has made the Indonesian Government issue regulations to better stay at home, many businesses have closed, and many workers have had to stop. Theoretical framework: This research is reinforced by the theory related to employment as written in Law No. 13 of 2003, which explains that the workforce is everyone who can work to produce goods or services to meet their own needs and for society in general. Method: The data collection method used is a qualitative review of labour laws and seeking legal sources for protecting labour rights. His research technique involves conducting interviews and analyzing related literature on post-Covid-19 labour laws. Results and conclusions: The study shows that the legal wage arrangement for repatriated workers is lexed specialize derogate lex generalis. So it was concluded that if there is a Covid-19 case in a worker, the worker must self-isolate and be paid in full. If conditions normalize and production stabilizes, workers will have to be rehired. Research implication: This research has explained the role of labour law in society. Originality/value: Existing laws have provided guarantees to workers, so they are considered applicable, and subsequently, it is necessary to continue the analysis through Article 86 paragraph (1), the letter of law Number 13 of 2013 concerning Manpower, where every worker/ Workers have the right to obtain protection for occupational safety and health.

Implications of Annulment of Marriage on the Distribution of Joint Assets according to the Compilation of Islamic Law and National Law

Marriage, marriage dissolution due to marriage annulment and joint property which must be divided because of marriage annulment is one of the things that must strictly regulated by the state, but in Indonesia is still not regulated concretely, giving rise to a legal vacuum. So, this research aims to find out how the legal arrangements regarding the settlement of the division of joint assets after the cancellation of marriage and to find out how the implications of the cancellation of marriage on joint assets according to the Compilation of Islamic Law and National Law. The results are that first, the Compilation of Islamic Law and National Law cannot become the norm governing the distribution of joint assets if a marriage annulled. Second, there are no legal consequences for shared assets after the annulment of the marriage, but the ownership rights to the assets that have been mixed must be divided fairly between the parties. So that there must be codified arrangements so that there is no legal vacuum which can lead to multiple interpretations and in conducting marriages it would be better to make a marriage agreement to separate assets.

Advanced therapies and the Brexit process: emerging geographies of legal responsibilities and market opportunities

ABSTRACT This paper analyses how so-called Brexit, that is the United Kingdom’s departure from the European Union (EU), has modified the regional geography of Advanced Therapy Medicinal Products (ATMPs). The latter are therapies deriving from cell manipulation, gene editing, tissue engineering, or a combination of these techniques. Their development and delivery have been realised through research collaborations and commercial relations of international scope. In the EU, this has happened by means of a complex distribution of commercial activities and legal responsibilities. With Brexit, three main kinds of reconfigurations have occurred: the relocation of research and manufacturing activities; the reorganisation of quality control tests aimed to manage clinical risks; and the redistribution of legal responsibilities and representatives. This technical and legal reconfiguration is captured here by means of theoretical insights from the emerging domain of legal geography. Drawing on interviews conducted with both EU and UK professionals involved in ATMP development, this paper reveals the main challenges brought by Brexit to the current and future configuration of the ATMP landscape in the EU and the UK. Furthermore, it demonstrates how shifts in legal arrangements impact on science-intensive domains.

Juridical Analysis of the Kingdom of Asgardia Space from the Terms of a State According to International Law

The objectives of the research to be achieved are to know and analyze concretely the issues expressed in the formulation of the problem, namely: 1. To find out the formation of the Kingdom of Asgardia Space according to international law. 2. To find out the obstacles and challenges in establishing the nation of Asgardia Space. The approach method that the author will use is a normative juridical approach, where the research approach will use literature review or library research by examining various library materials or secondary data. Data analysis used by the author is Qualitative Analysis. The results of this study are legal arrangements regarding the idea of establishing the country of Asgardia Space according to international law regulated in several conventions including the 1933 Montevideo Convention which regulates the rights and obligations of the state, where the country of Asgardia Space has fulfilled the requirements as a country, but these conditions is not yet perfect. Then it is also regulated in the 1967 Outer Space Treaty which regulates activities in outer space. In this case it regulates the activities and position of Asgardia Space as a country in outer space.

Construction of law and economics litigation service platform based on multimedia retrieval

Abstract Legal economics uses empirical research to analyze and predict the effects of various legal system arrangements to better explain whether the actual effect of the law is consistent with the expected effect of the law. Artificial Intelligence (AI) has become the core driving force of the new round of scientific and technological revolutions, and the trend of cross-border integration is becoming more and more obvious. Therefore, the intelligent construction of a legal litigation platform is the only way for social development. Litigation service management is a platform that uses big data technology to process and facilitate the information development of legal litigation services. In the face of the rapid changes in legal litigation services, an intelligent litigation service management platform is needed to serve the public. Given the above defects, this paper proposes a law and economics litigation service management platform based on multimedia retrieval, including a litigation service management system, a queuing system, and an autonomous operating system. The litigation service management system is connected with the queuing system and autonomous operating system, respectively. We provide a litigation service management platform to provide efficient operations with humanized functions to assist and improve the service quality of legal litigation services. At the same time, we combined the current application status of AI in grassroots courts and the actual work to analyze the difficulties and problems faced, draw lessons from the successful experience of some courts in China, and find out the direction and path for the application and promotion of AI in grassroots courts.

Developments in understanding early onset Alzheimer's disease.

On September 25 and 26, 2021, the Alzheimer's Association hosted the first meeting focused on people with early-onset Alzheimer's disease (EOAD)-sometimes referred to as younger onset Alzheimer's disease (AD). Though a diagnosis of AD can be devastating at any age, those with a younger onset-defined as symptoms developing prior to 65 years of age-face unique challenges. EOAD occurs when people are in the prime of their lives, often with multiple responsibilities including careers, community activities, and raising children and caring for older family members. These challenges warrant special consideration and study, yet people with EOAD are often excluded from AD research because of their atypical age of onset. To help fill this gap, we designed and launched the Longitudinal Early-Onset Alzheimer's Disease Study (LEADS) to enroll and follow 500 people with EOAD from > 15 sites in the United States, which the National Institute on Aging funded in 2018. The September 2021 meeting was designed to inform people with EOAD and their family members and caregivers about the latest research on the biology of EOAD, treatments in the pipeline, practical considerations about legal and financial arrangements for families, and the support networks available to them. More than 217 registrants attended.

Juridical Review of the Arrangement of Duties and Functions of the Tolitoli Regency KPU Secretariat in the Implementation of General Elections According to Law Number 7 of 2017

KPU is an institution that holds the mandate of the 1945 Constitution as Election Organizer in Indonesia. In carrying out its duties and functions, the KPU is assisted by the KPU Secretariat, which in holding elections the two internal elements of this institution must run well even though their backgrounds are different, each of which is hierarchical from the center to the regions. The purpose of this writing is to find out the legal arrangements of the two internal institutional elements between the Tolitoli Regency KPU Membership and the Tolitoli Regency KPU Secretariat in the success of the General Election. The method used is the normative legal method and from the collected data, it will then be identified for further processing and qualitative analysis. The results obtained from the results of this study show that the relationship arrangements between KPU Membership and the KPU Secretariat at the district/city level are a coordinative relationship within one election management institution

Geçici Koruma Altındaki Suriyelilerin Türkiye'ye Uyumlarına İlişkin Eğitim Politika ve Uygulamaları

Immigrants who came to Türkiye in masses after the internal conflicts in Syria in 2011 were put under temporary protection, a status in international law, and started to live with the Turkish people. This temporary status has transformed into de facto permanent co-living after the past ten years. This situation necessitated the implementation of policies that require social cohesion between Syrians and Turks. Education is the most important tool in ensuring social cohesion. In this study, it is aimed to reveal the policies implemented for the inclusion of Syrians under temporary protection in to the Turkish education system and what the results of these policies are. In the study, the statistical data of state institutions, legal regulations, academic research and news in the media were handled and the document analysis method was used. In this context, all dimensions of the subject from primary education to higher education were categorized and the findings were shared with the reader in a systematic way. The findings show that the Syrians, who were thought to be temporary at first, were planned to continue their education in the camps without obtaining a diploma or document, but with the prolongation of the war, necessary legal arrangements were made for their inclusion in the Turkish National Education System and Higher Education. In the field studies made, it was observed that Despite the arrangements technical and social problems continued in practice and the desired level of participation in post-primary education could not be achieved. In addition, it has been revealed that the results of education policies for Syrians under temporary protection are related to the cultural structure of the cities where Syrians live in Türkiye, their geographical proximity to Syria, the population of Arab origin in the city, the status of schools, and the qualifications and experiences of teachers. In this context, it has been evaluated that effective language learning in all age groups, ensuring school attendance and increasing the number of academicians and students in the academy should be priority policy issues to ensure social cohesion.

Perusakan di Lingkungan Publik (Vandalisme)

This study aims to determine the legal arrangements related to vandalism in the criminal law code (KUHP) in Indonesia, the social, economic and environmental impacts of vandalism in the public environment, law enforcement against acts of vandalism in the public environment, as well as a comparison of legal arrangements and handling cases of vandalism in Indonesia with other countries. The results of this study reveal that legal arrangements related to vandalism in Indonesia involve the creation, implementation and enforcement of legal rules that regulate the relationship between individuals, groups and institutions in society. The Indonesian Criminal Code (KUHP) provides relevant articles to deal with acts of vandalism, with a variety of sanctions depending on the circumstances of the case. Acts of vandalism in the public sphere have broad and complex impacts in social, economic and environmental aspects. Socially, vandalism disrupts social harmony and undermines community values. From an economic perspective, vandalism causes significant financial losses for owners of damaged facilities. In the environmental aspect, vandalism affects public awareness of environmental protection. The effectiveness of law enforcement against vandalism still requires improvement in terms of investigations, fair court decisions, and community cooperation with law enforcement officials. Doodling is classified as vandalism because it is against the law and has widespread negative impacts, including social, economic and environmental impacts.
 Keywords vandalism, legal arrangements, legal effectiveness

Analisis Status Pekerja Freelance dalam Perjanjian Kerja Waktu Tertentu (PKWT) dalam Perspektif Hukum Ketenagakerjaan di Indonesia

Analysis of the status of freelancers in the Specific Time Work Agreement (PKWT) in the perspective of labor law in Indonesia is a study that aims to understand the relevant legal protections and employment arrangements for freelancers in Indonesia. Freelancers have grown rapidly in recent years, but their legal status and protection in the context of the employment relationship is still a concern. This study uses a qualitative research method that describes data using a series of sentences. The method used in this research is descriptive method. The descriptive method is a method whose data sources are words, pictures, and data from books, journals and other scientific works. In addition, everything collected has the potential to become a key to the Analysis of the status of Freelance workers in Specific Time Work Agreements (PKWT). The results of this study are that PKWT can be used to regulate the employment relationship between freelancers and employer companies. The PKWT must contain information regarding the type of work, the deadline for implementation, and the imbalances received by casual workers. Although casual workers do not receive the same protection as regular workers, they still have rights guaranteed by labor law, such as the right to an appropriate balance, reasonable working hours, and occupational health and safety protection.

Ideal management of social assistance funds as a prevention and mitigation effort corruption

Purpose: The purpose of this study is to determine the ideal legal arrangements for social assistance fund management to prevent corruption, and efforts to prevent and overcome corruption in social assistance funds. Research Methodology: The method used is normative juridical research using a statutory approach, a conceptual approach, and a sociological juridical approach. Results: The results showed that the ideal legal arrangement for the management of social assistance funds to prevent corruption is to apply some positive legal principles from John Austin such as being based on clear authorities such as legislative or government institutions, and the law must reflect state sovereignty, set clear rules and must be followed by all parties, Provide a foundation for strong and effective law enforcement, and the law can act as an instrument of control to prevent criminal acts of corruption. Efforts to prevent and overcome corruption of social assistance funds are through the application of Jeremy Bentham's theory of utilitarianism which has the main principle of maximizing overall social welfare or happiness, considering the distribution of benefits fairly, emphasizing transparency and accountability in decision making, and emphasizing transparency and accountability in decision making.

OECD Ülkelerinde Vergi Açığının Ölçümü ve Vergi Açığı Bileşenlerinin Analizi: Panel Veri Yöntemi

Today, tax gap and measurement of tax gap is an important issue. In this study, in order to contribute to the literature, the tax gap of 35 OECD countries for the years 2005-2017 was measured. In the study, GDP, total tax rate and informal economy rates were used. The countries with the lowest tax gap rates are Luxembourg and Switzerland. The countries with the highest tax gap rates are Colombia, Greece and Costa Rica. In addition, the effects of GDP, total tax rate and informal economy rate on the size of the tax gap were examined. The data were tested by applying the panel data analysis method, cross-section dependency, unit root test and fixed effects models. According to the model's results, the informal economy rate increases the tax gap with the increase in the total tax rate and GDP. The tax gap, which exceeds the acceptable level, harms the economies. For this reason, it is very important that the tax gap remains at a controllable level. In this context, it is necessary to make legal arrangements in order to register the informal economy.

Analisis Yuridis Ketentuan Hukum yang Hidup dalam Masyarakat pada Kitab Undang-Undang Hukum Pidana Indonesia

The research on "Juridical Analysis of Provisions Regarding Living Laws in the Community in the National Criminal Code" is motivated by the emergence of the issue of including provisions regarding living law in the National Criminal Code. This study aims to explore the position of customary law in Indonesian positive law and to analyze in depth the existing legal arrangements in the Criminal Code. This study uses a normative-conceptual legal research method, focusing on laws and norms that apply in society and collecting data through library research. After conducting research, the results show that the recognition of customary law community units has been contained in the 1945 Constitution of the Republic of Indonesia, which at the same time recognizes applicable customary law, but the Criminal Code, which was adopted from the Netherlands, has not contained rules regarding customary law; only the National Criminal Code contains provisions regarding living law as an extension of the principle of legality, accompanied by sanctions, and the method of application, which, in the dynamics of society, still raises pros and cons. For this reason, the state must also provide the best legal certainty regarding this matter, including being willing to accept all forms of aspirations from the community and being willing to review the National Criminal Code if there is a request for review at the Constitutional Court.

Legal Arrangements Regarding Polri's Disciplinary Actions in Carrying Out Their Duty as A Security Personnel

The Indonesian National Police (POLRI) is responsible for maintaining public security and order, as well as serving and protecting the community. However, there have been instances where members of the police force have clashed with civilians while carrying out their duties. This study employs normative legal research, focusing on secondary data obtained from various sources. The legal methodology approach is utilized to examine relevant regulations and guidelines related to the legal issues at hand. According to Article 2 of Unofficial Law No. 3 of 2003, which pertains to the Specialized Execution of General Legal Foundations for members of the Indonesian National Police, the law enforcement process for police officers is carried out within the procedural regulations applicable in general court proceedings. Thus, if a member of the National Police is reported to have committed a crime, they are processed by the Criminal Investigation Unit. Article 12 (4) of the Police Professional Code of Conduct stipulates administrative sanctions, which include 1) transferring duties to a different position, 2) transferring duties to different areas, 3) honorable discharge, or 4) dishonorable discharge. Transfers of positions and areas serve as administrative sanctions for police officers who have violated the Professional Code of Conduct, involving either demotion (transfer to a lower position) or reassignment to a different place/region. Honorable discharge or dishonorable discharge, on the other hand, are administrative actions taken against police officers who have demonstrated a violation of the Professional Code of Conduct.

Islamism without commotion: the religious transformation of Tuak Kampong in West Lombok

The Islamic revival movement is often considered a threat to other religious groups. Many studies on the issues have presented the dark sides of religion, wherein Islamic movements often turned into political ones leading to religion-based fundamentalism, violence, and terrorism. The current research explicates the process and characteristics of Islamism in a democratic climate by investigating a case of religious transformation in a traditional kampong formerly known for producing tuak in West Lombok. The Islamic movement, or to be precise, purification, is recently quite prevalent in the area. It relates to the early history of Islamization in Lombok, which pitted Islam against Hinduism and other local traditions. Such confluences generated rules and regional Islamic variants that are often considered heretic. Qualitative data for this study was gathered through observations, desk study, and interviews. This research found that the Islamization process observed in the tuak kampong displays unique characteristics different from those that commonly portray Islamic movements. Islamization in West Lombok was carried out without any commotion due to its non-coercive, outward-looking, and rational factors. These attributes are apparent in the three processes of transformation, the first is non-coercive cultural transformation through education and awareness, the second refers to structural change achieved through legal arrangement, and the third is rational transformation through community empowerment programs.

Romanya’da tarım sektörü ve arazi mülkiyet durumu (1990-2020).

Romanya 13,8 milyon hektar tarım arazisiyle Avrupa Birliği Ülkelerinin toplam tarım alanın % 7,2’sine sahiptir. Ülkede yaşanan siyasi rejim değişikleri ve Avrupa Birliği üyeliği, arazi mülkiyetinde yapısal değişime sebep oldu. 1990 sonrasında büyük çiftlik arazilerinin halka dağıtılması sonucu tarlalar küçük parsellere bölündü. Romanya’nın AB’ye katılım sürecinde ve 2007’de gerçekleşen tam üyelik sonrasında yapılan yasal düzenlemeler, çok uluslu şirketlerin kiralama ve satın almalar yoluyla büyük arazilere sahip olmalarını sağladı. 1990 ile 2020 yılları arasını kapsayan bu çalışmada, Romanya’daki arazi mülkiyetinin devlet, bireysel üretici ve tüzel kişiliğe sahip işletmeler şeklinde yıllara göre değişimi ortaya konulmaktadır. Mısır, buğday ve ayçiçeğinin ekim alanı, üretim miktarı ve verimliliğin yıllara göre değişimi, örnek teşkil etmesi adına tablolar şeklinde gösterilmektedir. AB ülkelerinde kullanılan NUTS sınıflandırması ile Romanya 8 bölgeye ayrılarak incelenmiştir. Kaynak olarak, FAOSTAT ve Romanya Ulusal İstatistik Ajansı esas alınmıştır. Arazi kullanımı verileri CORINE tarafından sağlanmış ve ARCMap ortamında oluşturulmuştur.

Democratic Peace and Liberal Peace: Argumentative and Intentions


 Some people believe that the concept of liberal peace should be seen in relation to the thesis of democratic peace. This literature focused more on whether democratic countries are more peaceful in their foreign relations and tried to provide a theoretical and empirical explanation for this. The democratic peace thesis states the following: 1) Democratic states rarely fight each other. 2) Democratic countries tend to be more open to international trade than non-democratic ones, which creates interdependencies that prevent war from breaking out between them.3) Democracies tend to be more internally peaceful than other systems. Here, it is important to point out that the thesis of democratic peace is closely related to Immanuel Kant’s idea of “perpetual peace”. As for the liberal peace thesis, from Richmond’s point of view, it bears four main aspects that emerged from the discussions in international theory and the different historical contexts related to the subject, especially in the West. These include the four aspects of liberal peace (victorious peace, constitutional peace, institutional peace, and civil peace). Richmond noted that the peace of the victor is the result of the old realist argument that peace depends on military victory and on the domination of the victor. But the peace of the victor may result in political resistance, as in Iraq and Afghanistan. The second, constitutional peace, derives from the Kantian argument that peace is the result of democracy, commerce, and a set of universal values based on individualism. Richmond notes that "the constitutional peace struggles with those who do not want to share power, and who do not want to entrench local legal structures that might prohibit their activities." As for institutional peace, it is the peace that results from normative and legal institutional arrangements between countries that agree - in a multilateral manner - on ways to act and impose or define their behavior. This can be found in international institutions such as the United Nations as well as regional organizations such as the European Union, the African Union (AU), the League of Arab States (AL), the Organization of American States (OAS), and subregional organizations such as the Economic Community of West African States (ECOWAS), and the Southern African Development Community (SADC). The fourth aspect, (civil peace), which emphasizes the importance of the participation of citizens and civil society institutions in making peace. Unlike the other three aspects of liberal peace, the contribution of individuals rather than the state or international organization is included in this strategy.
 

Legal Protection against Unilateral Termination of Employment by Companies in Indonesia

This study aims to analyze legal protection against unilateral termination of employment by companies in Indonesia. In Indonesia, termination of employment (PHK) is regulated by Labor Law No. 13 of 2003 and related laws and regulations. It's just that sometimes companies do Unilateral Termination of Employment which can be detrimental, especially for workers. To analyze this, normative legal research methods are used. Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. The results of the study show that legal arrangements for termination of employment are regulated in Law no. 2 of 2004 concerning Settlement of Industrial Relations Disputes, Government Regulation Number 35 of 2021 concerning Work Agreements for a certain time, Outsourcing, Working Time and Rest Time, and Termination of Employment. Rights due to termination of employment are regulated in Article 40 of Government Regulation Number 23 of 2021 Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, the role of workers/labor organizations as an element of collective power in settling industrial relations disputes has shifted to being replaced by the individual struggle of each worker/laborer, so workers tend to be pragmatic in accepting the company's offer even if it is detrimental. Keywords: Legal Protection, Unilateral Termination of Employment, Companies in Indonesia, Labor Law

How Criminology and Victimology Answer the Problem of Rape Victim Protection?

The problem of the interests of the victim has received less attention for a long time, but the object of attention is still more focused on how to give punishment to the perpetrator of a crime. Victims of criminal acts in the Criminal Procedure Code have not received optimal attention, but on the contrary, attention to legal arrangements on the basis of respect for human rights from the perpetrators of criminal acts is quite a lot. The understanding of the interests of the victim in the victimologt study is not only seen from the perspective of criminal law or criminology, but is also related to civil aspects. The view of the Criminal Procedure Code regarding the rights of victims of criminal acts is still very limited and not comparable to the rights obtained by perpetrators of criminal acts. Victimology, which is essentially a complement or complement to existing theories of criminal etymology, seeks to explain the problem of the occurrence of various crimes or the appearance of victims of crimes according to the actual proportions dimensionally and aims to provide a rationale for reducing and preventing suffering and pain in this world.

Legal Analysis of Immigration Detention Efforts in Immigration Criminal Enforcement

This study aims to analyze the legal arrangements for immigration detention efforts in law enforcement of immigration crimes. This research was conducted using empirical research methods conducted in Makassar Immigration Office Class I TPI. Data collection techniques through interviews and literature studies. The data collected is processed and analyzed using qualitative analysis techniques and presented descriptively. The results of this study indicate that: Implementation of immigration detention efforts in law enforcement of immigration crimes is basically set on Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Implementing Regulation of Law Number 6 of 2011 concerning Immigration and Regulation of the Minister of Law and Human Rights Number 39 of 2021 concerning Immigration Crime Investigation Procedures.