Empirical Legal Research Research Articles

Legal Consequences for Companies that Carry Out Unilateral Termination of Employment

The COVID-19 pandemic has resulted in the Company taking steps to streamline company costs by laying off workers. Many companies experience labor relations disputes, one of which is that the company carries out unilateral termination of employment (PHK) of workers without negotiating with the workers and does not pay attention to the rights of these workers. This research aims to find out and examine the mechanism for resolving industrial relations disputes in Badung Regency as well as knowing and studying the legal consequences for companies that carry out unilateral layoffs of workers with a fixed term work agreement (PKWT) and workers with a fixed term work agreement (PKWTT) in Badung Regency. This research is empirical legal research with a factual approach and a statutory approach. The research results confirm that there are 2 (two) alternative dispute resolution mechanisms for industrial disputes, either through non-litigation channels, namely by bipartite negotiations, mediation, conciliation, arbitration or by litigation, namely through the industrial relations court (PHI). Layoffs can be said to be valid if they have received a decision from the PHI and if without this decision the employer continues to lay off workers in PKWT and PKWTT who received layoffs unilaterally, then the layoffs are not legally valid and are considered null and void. The legal sanction for employers who lay off PKWT workers before their term of employment ends is to fulfill the workers' rights, namely by providing severance pay, gratuity money, compensation money due to the layoff.

The Concept of Gender-Based Justice in Arfak Sougb Indigenous Community in Teluk Bintuni Regency, West Papua, Indonesia

This paper explains the concept of gender-based justice in the Arfak Sougb Indigenous Community in Teluk Bintuni Regency, West Papua. This legal research aims to serve as recorded customary law and as a reference for customary law which contains local wisdom values that are believed to be true and adhered to by the Arfak Sougb Tribe so that they are not lost to time. This research is not intended to make customary law a written law, in the sense that it is given a certain legal form according to statutory regulations. This type of research is empirical legal research. The concept of gender-based justice is outlined in the form of equality in customary meetings, utilization of customary rights (cinogog), measurement of the maturity of boys (giji) and girls (gita/godeh) which are not based on a certain age limit, but are characterized by characteristics of biological development. The woman or lady (aktop) chosen as a potential wife/daughter-in-law has a diligent character, not from beauty or physical appearance. Boys (giji) and girls (gita/godeh) are considered equally important. Girls (gita/godeh) will bring wealth in the form of a dowry (aromoub) when they marry (ouhwbo), while boys (giji) will continue their lineage, as successors to the clan.

MODUS DAN FAKTOR PENYEBAB MARAKNYA KASUS PEKERJA MIGRAN INDONESIA (PMI) ILEGAL DI KABUPATEN LUMAJANG

Abstract
 The low level of wages in the country is related to the limited number of jobs available, making people prefer to work abroad. Most Indonesian Migrant Workers (PMI) choose illegal routes. In many cases of illegal migration, both in the context of internal migration and international migration, the role of "taikong" or labor brokers is very important. As happened in Lumajang Regency, in November 2023, it was recorded in the Lumajang District Court's Case Tracking Information System (SIPP) that there were 6 cases of the Crime of Human Trafficking (TPPO) committed by taikong or brokers in sending and placing PMI illegally abroad. . The aim of this research is to analyze the Taikong or Broker Mode in Lumajang Regency in the Illegal Placement of Indonesian Migrant Workers (PMI) Abroad and to analyze the factors that cause Indonesian Migrant Workers (PMI) to choose illegal methods. This research uses empirical legal research with a juridical-sociological approach.
 Keyword : Modus, the Illegal Placement of Indonesian Migrant Workers, the Crime of Human Trafficking

THE CONCEPTION OF SAKINAH FAMILY: A JUSTICE MUHAMMADIYAH PERSPECTIVE IN EMPIRICAL LAW

<div align="center"><table width="597" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="408"><p><em>The concept of a sakinah family is a conception offered by Muhammadiyah as a solution to form an ideal family in accordance with Islamic law. The concept of a sakinah family indirectly supports the development of government legal policies in an effort to build a more harmonious and prosperous Indonesian family. This study aims to analyze the application of the sakinah family conception to the Muhammadiyah family in Medan City. This research is an empirical legal research with descriptive qualitative data analysis. Primary data were obtained from interviews and secondary data in this study included laws and regulations, the Fatwa of the Tarjih Council, as well as relevant books and journal articles. The results of the study confirm that the implementation of the sakinah family conception is carried out by focusing on the implementation of the three main functions of the family, namely on the religious aspects, affection and legal protection. Even though it has been implemented, the implementation of the Muhammadiyah/Aisyiyah organization in Medan City can be said to be not optimal because there is no comprehensive understanding due to the lack of optimal socialization related to the conception of the sakinah family to Muhammadiyah/Aisyiyah members in Medan City. The contribution and active participation of Muhammadiyah/Aisyiyah members in Medan City is the most important element as emphasized by Chambliss and Seidman that the implementation of law is influenced by non-legal aspects which in this context, religious (religious) aspects occupy an important aspect in realizing family development through the application of the family conception. sakinah proclaimed by Muhammadiyah.</em><em></em></p></td></tr></tbody></table></div>

Law Enforcement in Handling Narcotics Abuse Cases Based on Justice Values

Introduction: The development of narcotics abuse crimes currently tends to increase, both in quality and quantity, so it can be predicted that crimes of distribution and abuse of narcotics in the future will continue to increase along with the development of society. Objective: This research aims to: Understand, analyze and discover the essence of law enforcement in handling narcotics abuse cases based on the value of justice in the South Sulawesi Regional Police. Method: The research method uses sociological empirical legal research and normative legal research. Result: The results of the research show that the essence of law enforcement against perpetrators of narcotics abuse at the South Sulawesi Regional Police has been implemented by the criminal provisions in Articles 59 to Article 111 of Law Number 35 of 2009 concerning Narcotics. Law enforcers, in this case, the police, prosecutors, judges and advocates, really determine whether the law is implemented or not as it should be. Conclusion: Law enforcement against perpetrators of narcotics abuse at the South Sulawesi Regional Police has been carried out by the criminal provisions in Article 59 to Article 111 of Law Number 35 of 2009 concerning Narcotics.

Standard Agreements in Home Ownership Credit Agreements as an Formulation of Implementation of the Principle of Freedom of Contract in Karanganyar District, Indonesia

Purpose: The foundation of home ownership credit is a credit arrangement that incorporates the principle of freedom of contract and is created by banks acting as creditors and customers acting as debtors. Typically, the agreement takes the form of a standard agreement that the bank has created and is presenting to the client for approval. Methods: This research is empirical legal research that is descriptive in nature. This study uses a qualitative method, which is a way to analyze the findings of studies that generate descriptive analytical data. Results and Conclusion: The concept of freedom of contract is implemented through standard contracts. Actually, the purpose of the standard agreement was to facilitate the customer's ability to apply for credit or financing from banks right away. However, many of the rights of customers are unaddressed as a result of the banks creating boilerplate agreements. Research implications: Therefore, in order to create a fair contract, it is necessary to evaluate banks' application of the principle of contractual freedom in loan contracts. Furthermore, the usual agreement provides both parties who guarantee with a kind of legal protection. The normal agreement that the Bank makes in its capacity as a creditor is one-sided and does not give the customer's rights much consideration. Originality/value: All of the rights that consumers should be able to get are not, however, covered by this legal protection. Consequently, banks must incorporate the freedom of contract principle into credit agreements.

IMPLEMENTATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN ARRANGEMENT OF STREET TRADERS

<em>This research is included in the type of juridical empirical legal research (sociological). Empirical juridical research is a type of research that uses and processes empirical facts taken from human behavior, both verbally which can be obtained through interview techniques and real behavior obtained by direct observation. To obtain this research material, the researcher uses the literature study method, namely by studying legal materials and by conducting field studies that examine the facts in the field. While the legal material in this study is library material in the form of primary legal material, legal and non-legal articles and books as secondary legal material and the results of interviews in the field as tertiary legal material</em>

Legal Comparison Between National Collective Management Institutions in Indonesia and United States

Purpose: This Study aims to find out about the role of the Indonesian National Collective Management Institution in providing protection for the economic rights of musicians compared to the United States Collective Management Organization on digital era development. Methods: This research method uses normative and empirical legal research methods by using empirical facts from human behavior, both behavior through direct observation or verbally obtained from interviews. Data collection techniques were carried out by conducting interviews with informants and studying documents from written data. Results and Conclusion: The results of the study show that in carrying out its duties the National Collective Management Institute has fulfilled the royalty rights of musicians in accordance with what is mandated in the applicable regulations. Research implications: the development of the Digital world which should have had many positive impacts on Economic Progress and the quality of Human Resources in the Indonesian nation actually had a negative impact due to a lack of understanding which would hinder this process. Originality/value: The Indonesian government must be encouraged to create regulations regarding copyright in digital media and provide education to the public regarding understanding copyright.

Legal Reconstruction of Suspect Investigation Based on Pancasila Justice Values

This research aims to analyze the weaknesses of the current regulations for examining suspects in Indonesia currently and to find the legal reconstruction for investigating suspects based on Pancasila values of justice. The research method used is sociological legal research or empirical legal research, using the constructivism paradigm. The approach method used in this research is social legal research. This research uses primary data and secondary data. Data collection techniques through literature study, interviews, and questionnaires. The collected data was analyzed qualitatively. The research results show that the weaknesses in the legal substance of the regulations regarding the examination of suspects, namely: the Criminal Procedure Code has not regulated the legal consequences of deviations from suspects' rights to be free to provide information about investigators and the results of investigations, the Criminal Procedure Code has not regulated supervision of investigators' actions, including in examining suspects, and the Criminal Procedure Code has not regulated alleged irregularities in the examination of suspects. as the object of pretrial examination. Weaknesses in the legal structure, namely weak supervision of investigative institutions over the investigation process, limited regional police institutions in providing free legal aid, and the absence of a police budget to provide interpreters and translators for suspects, and weaknesses in legal culture, namely violations of the rights of suspects. suspects' rights, investigative engineering, individual investigators involved in bribery, and investigators who do not understand local culture. Therefore, It is necessary to reconstruct the values of justice and norms in the regulations for examining suspects so that they are based on the Pancasila values of justice. The value of Pancasila justice, especially Principle 2 of Just and Civilized Humanity, must be reflected in the provisions for examining suspects so that suspects are truly made into subjects who have dignity and respect that must be respected by investigators and protected by the state. Meanwhile, the reconstruction of norms in the regulations for examining suspects so that they are based on Pancasila values of justice, namely improvements to Articles 52, 117, 77, 79, and Article 81 of the Criminal Procedure Code.

Implementasi Kebijakan Penyediaan Lajur Khusus Sepeda Di Provinsi DKI Jakarta

This study aims to analyze the policy implementation of DKI Jakarta Governor Regulation Number 128 of 2019 related to the provision of special bicycle lanes in DKI Jakarta and the factors that influence it. This research is a type of empirical legal research, which examines the implementation of applicable legal regulations and their impact on society. The method used is descriptive with a qualitative approach. The results of this study were analyzed through data reduction, presentation of analysis results in the form of narratives and conclusion making. The implementation of DKI Jakarta Governor Regulation Number 128 of 2019 on the implementation of special bicycle lanes in DKI Jakarta is carried out by the DKI Jakarta Provincial Transportation Agency through the installation of traffic signs and markings for special bicycle lanes, as well as socialization efforts. However, in its implementation, there are several factors that play a role in difficulties and challenges. These factors include the lack of effective socialization by law enforcement officials, low public awareness and legal compliance with the rules of the special bicycle lane, and the indecisiveness of law enforcement by law enforcement officials against violations of these rules. Seeing that violations still occur due to the lack of strict law enforcement by law enforcement officials, it is recommended to make maximum efforts to increase compliance to the bicycle lane regulations. This aims to create a safe environment for bicycle lane users and improve traffic order in DKI Jakarta. Thus, the implementation of this regulation is expected to run more effectively and provide greater benefits to the community.

Legal Culture in the Management of Life Insurance Companies in Indonesia

In the last ten years, people have been made uneasy by various cases of life insurance companies that have failed to pay. Moreover, the involvement of prominent companies in these cases reduced public trust in them. In these cases, the influence of legal culture is apparent in the management of life insurance companies. Therefore, this study aims to investigate the factors that caused the life insurance companies to fail to pay, the legal culture underlying the management of these companies and the efforts that must be made to improve this culture. The research method employs normative legal research, supported by empirical legal research. The factors causing life insurance companies to default consist of fraud in the company’s financial statements, unreasonably high-interest rates on unit-linked insurance products, and a lack of optimal application of risk management in life insurance companies. The legal culture of their management has not developed in a better direction, leading to an inability to fulfill their obligations. Examples of steps to improve the legal culture include conducting education and training for life insurance company managers, making remuneration policies to encourage behavior that follows the prudential principle, and creating guidelines for managers on ethical business values and conduct.
 Keywords: legal culture, life insurance companies

Culture of Siri' Na Pacce As Part of Legal Awareness of the Bugis-Makassar Community

This research provides a description of the main values of the Siri’ na Pacce culture of the Bugis-Makassar community and investigates the factors contained in the Siri’ na Pacce values that shape the legal awareness of the Bugis-Makassar community. The study includes normative and empirical legal research, using a sociological jurisprudence approach. The flow of sociological jurisprudence requires that in the process of forming legal reforms it must pay attention to public awareness and also pay attention to legal values of the society. Based on the research objectives of this law are descriptive legal research, explicative legal research, and prescriptive legal research. The value of Siri’ na Pesse (in Bugis terminology) or Siri’ na Pacce (in Makassar terminology) in Bugis-Makassarese society teaches about decency in the form of recommendations, prohibitions, rights and obligations that dominate human actions to protect and defend their honor. Three research locations inhabited by Bugis and Makassarese people in South Sulawesi Province were selected for the study, namely Bone Regency, Gowa Regency, and Jeneponto Regency. The results of the study show that the existence of Siri’ na Pacce as an abstract value that lives in the midst of Bugis-Makassarese society, this cultural value undergoes a process of concretization in the form of the Pangngaderreng system (legal system) which is then actualized into the five legal norms contained in Pangngaderreng (Ade, Talk, Wari, Rapang, and Sara). Enforcement of these norms is in the framework of realizing the objectives of law, namely justice, legal certainty, and expediency. The realization of the three legal objectives makes the values of Siri’ na Pacce even stronger in the eyes of the community, which is seen as a form of legal awareness.
 Keywords: Siri’ na Pacce culture, legal awareness, Bugis society

Accountability and Transparency Of Financial Reporting Village Owned Business Entities

This research aims to determine the concepts and regulations regarding the accountable and transparent BUMDes financial reporting process and its implementation at BUMDes Sumber Rejeki Jati Batur. This research is empirical legal research. Data collection was carried out through observations and interviews in the field as well as collecting relevant literature. Data analysis techniques and data presentation by collecting field information are then connected to theories and regulations obtained from literature studies. Based on the research conducted, 2 (two) conclusions were found, namely: (a) The concept of regulating BUMDes financial reports that is accountable and transparent includes semi-annual and annual periodic reports. Furthermore, the annual report is submitted in the village deliberation forum/inter-village deliberation. Ultimately, the report is published to the wider public to ensure the principles of accountability and transparency; and (b) Administratively BUMDes Sumber Rejeki Jati Batur has implemented the principles of accountability and transparency as mandated by existing regulations. However, technically it cannot be exactly the same as the applicable regulatory mandate.

Arrangement and Implementation of Tri Hita Karana and Sad Kerthi in Awig-Awig Subak Anggabaya (Penatih Village, East Denpasar District, Denpasar City)

Tri Hita Karana (THK) is a philosophy, where if we want to live happily, then we must build harmony with God Almighty, as the Creator of the universe (Parhyangan), build harmony with others (Pawongan), and build harmony with nature. (Paringan). Presumably, all human beings want happiness and live in harmony. Apart from the Tri Hita Karana concept, currently the Sad Kerthi concept is being popular among Balinese people. The concept of Sad Kerthi is very interesting to study. Especially if the study is carried out in the Subak system. It's interesting because Subak is an ancestral heritage that still exists today in modern society. A study of Sad Kerthi on Subak will show the extent to which Subak is able to implement Sad Kerthi. On the other hand, it is also true how big the influence of the Sad Kerthi concept is in efforts to stabilize Subak. So the study carried out will show Subak's resilience which is backed up with local wisdom. Thus, the formulation of the problem in this research is how the Tri Tri Hita Karana and Sad Kerthi are regulated in the awig-awig Subak Anggabaya, and how is the implementation of the Tri Hita Karana and Sad Kerthi regulated in the awig-awig Subak Anggabaya. The type of research in this scientific writing is empirical legal research, namely research using field data as the main data source, such as the results of interviews and observations. The approach that the author uses in this research is a legal sociology approach. The legal sociology approach is an approach that analyzes how reactions and interactions occur when the norm system works in society with data sources, namely primary and secondary data. The arrangement of Tri Hita Karana in awig-awig Subak Anggabaya is reflected in the elements of Tri Hita Karana, namely the parhyangan aspect, the pawongan aspect and the palemahan aspect. The provisions of the articles in the awig-awig Subak Anggabaya regulate these three aspects. Meanwhile, the Sad Kerthi arrangements consisting of atma kerthi, ocean kerthi, wana kerthi, dhanu kerthi, jana kerthi, jagat kerthi are not fully regulated. Overall, the implementation of Tri Hita Karana at awig-awig Subak Anggabaya went well. Although there are several norms whose implementation has been modified and do not work.

Acquittal in corruption crime case at the Palangkaraya corruption court

Before a decision is handed down, the judge's considerations must be truly convincing according to the law because if the judge does not have confidence or has doubts in deciding the case, then the judge is obliged to acquit the defendant. However, if the judge makes a mistake in handing down an acquittal or acquitting a guilty person, then the judge will be faced with juridical responsibility for having made a mistake in applying the law. One of the acquittal decisions handed down by the Panel of Judges in a criminal corruption case is the Decision of the Corruption Crime Court at the Palangka Raya District Court Number 20/Pid.Sus-TPK/2021/PN.Plk. The type of research used is empirical legal research or field research, namely research carried out on actual or real conditions using primary data in the form of interviews and document studies. The research results show that the judge's consideration of acquittal decisions in corruption cases based on the Corruption Crime Court Decision at the Palangka Raya District Court Number 20/Pid.Sus-TPK/2021/PN.Plk can be categorized as the correct court decision. The judge's consideration of the acquittal in the Corruption Crime Court Decision at the Palangka Raya District Court Number 20/Pid.Sus-TPK/2021/PN.Plk reflects appropriate principles of justice because it emphasizes the importance of a fair process in determining court decisions.

Juridical Analysis of the Existence and Legality of Control of Land/Land Rights to Strengthen Legal Certainty (Research Study in Galang District)

This research aims to discuss: 1) What are the legal regulations regarding the existence and legality of land rights to ensure legal certainty (research study in Galang District); 2) How to implement the existence and legality of land rights to ensure legal certainty (research study in Galang District); amd 3) What factors constitute obstacles/constraints as well as solutions to the existence and legality of land rights to ensure legal certainty (research study in Galang District)? Based on the title and variables referred in this thesis and integrated with the construction of the problem formulation, the specification of this research is normative legal research supported by empirical legal research. The community already has their rights, but it is considered to be in an illegal location because of land problems that arose after the Decree of the Minister of Forestry Number 307/Kpts-II/1986 which made Galang as the forest area and established the status quo, which ultimately had an impact on society. The Status quo automatically not applicable with the provisions of Government Regulation Number 5 Year 2011 concerning regulatory changes to Government Regulation Number 46 Year 2007 concerning Batam Free Trade and Free Port Area. After a long time, Decree of the Minister of Agrarian Affairs and Spatial Planning has finally been issued to the Head of Batam Free Trade Zone and Free Port Authority (BP Batam) regarding Management Rights (HPL) in Rempang Area. After HPL was officially given to BP Batam, the party has prepared the development of Rempang Area, as a guide for area management including management development planning activities, so that investment in Rempang Area can be in line with targets. The unclear status of land ownership by the community is considered illegal land ownership. Based on Article 19 of the Basic Agrarian Law, the government is ordered to carry out land registration throughout the territory of the Republic of Indonesia.Considering that increasing sustainable National Development requires guarantee of legal certainty in the land sector. Land registration which is assigned based on the Basic Agrarian Law to the government, means of providing the intended guarantee of legal certainty.

Implementation of Limited Company Social Responsibility in the Field of Natural Resources, West Kutai District

The legal product in the form of a Regent's Regulation issued by the West Kutai Regency Government, which regulates explicitly Guidelines for the Implementation of Corporate Social Responsibility, is a form of control function over companies operating in the West Kutai Regency area by the West Kutai Regency Government. Based on the description above, this article examines and analyzes the Implementation of the Social Responsibility Obligations of Limited Liability Companies in the Natural Resources Sector Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency and the factors that hinder its implementation. The research method used in this research is an empirical legal research method. Trubaindo Coal Mining, in implementing the Regulations on Limited Liability Company Social Responsibility Obligations in the field of natural resources based on Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency, has implemented the company's corporate social responsibility by the program required by the people of Muara Begai Village. Meanwhile, the inhibiting factors that arise in implementing implementation are not being able to distinguish between needs and desires; there are several groups that prioritize personal interests rather than the people at large; of course, this will interfere with the company in grouping the right groups that require Corporate Social Responsibility. The lack of Human Resources cannot be denied as an inhibiting factor, and unforeseen thingssuch as natural disasters and floods make it impossible to carry out scheduled Corporate Social Responsibility programs

Implementation and supervision of Bangli regency regional regulation related to Lake Boundary distance in the management of the Batur Lake area

In the context of the management of the Lake Batur Area, this study looks at how the Bangli Regency Regional Regulation (Perda) which regulates the distance of the lake boundary is implemented and supervised. The audit centers on compliance with the rules, environmental impacts, and the reaction of companies and communities to the regulations. In this paper, it is an empirical legal research to assess the effectiveness of local regulations in maintaining the balance of the lake ecosystem and its influence on the surrounding economic efforts. These results provide an overview of the difficulties and possibilities in achieving a balance between sustainable development and environmental preservation in this important tourism area.

How to Use Large Language Models for Empirical Legal Research

How to Use Large Language Models for Empirical Legal Research

Learning How to Use Large Language Models for Empirical Legal Research

Learning How to Use Large Language Models for Empirical Legal Research