Normative Rights Research Articles

Eksistensi Perempuan dalam Buku Sister Fillah, You’ll Never Be Alone Karya Kalis Mardiasih: Analisis Psiko-Humanistik Erich Fromm

This article explores Kalis Mardiasih’s book Sister Fillah, You’ll Never Be Alone, which addresses the experiences of women challenging a patriarchal system often characterized by arrogance. Mardiasih draws upon both empirical evidence and Islamic perspectives to confront discriminatory interpretations. The study employs Erich Fromm’s psycho-humanistic analysis to offer fresh insights into women’s existence in Islam and to assess the fulfillment of women’s normative rights as presented in the book. By applying this analytical framework, the article underscores how women can cultivate their potential in a positive way, empowering them to understand their own identities and actualize their capabilities. Such actions are rooted in personal awareness, enabling women to reclaim their humanity—often stifled by patriarchal structures. The discrimination encountered by women has prompted numerous scholars to delve into this issue, and this research seeks to contribute to the ongoing discourse by examining the representation of women’s experiences in Sister Fillah, You’ll Never Be Alone through the lens of Erich Fromm’s psycho-humanistic analysis.

Juridical Analysis of Normative Rights and Legal Efforts for Termination Worker Due to Do Urgent Violation in Indonesia

Industrial relations between Employers and Workers often causes disputes. Disputes that generally happened between Employers and Workers are disputes for termination of employment. Termination of employment happened for some reasons, one of them is the Worker do an urgent violation. The purpose of this research is to analyze the normative rights and legal efforts of Workers who terminated due to do an urgent violations. The research method is normative juridical who using laws and regulations to analyze the problems. The results of this research found that the normative rights of Workers who terminated due to do an urgent violations are compensation for rights and separation pay (Article 52 Paragraph 2 Government of The Republic of Indonesia Regulation Number 35 Year 2021 concerning Employment Agreement for a Specified Period of Time, Outsourcing, Working Time and Rest Time, and Termination of Employment). Legal efforts that can be taken by Workers who terminated due to do an urgent violations are non litigation legal effort through bipartite and tripartite negotiation (mediation). If the non litgation legal effort can’t solve the dispute, then the Worker can take litigation legal effort through The Industrial Relations Court (Act No 2 Year 2004 concerning Industrial Relations Disputes Settlement).

Women and The Journalist Profession (Phenomenological Study of The Professionalism of Women Journalists Within the Samarinda City Government)

The strategic position of journalists in the public sphere must be considered. Besides being increasingly in demand, this profession has become a promising profession and has a career path. This study aims to understand the challenges and strategies used by women journalists in the Samarinda City Government in carrying out their role as professionals. The research method used is qualitative research with a phenomenological approach, which helps to describe the reality that occurs in society. Four female journalists who met the research criteria were interviewed and observed to collect data. The results showed that women journalists in the Samarinda City Government face challenges from their surroundings. These challenges include the empowerment of normative rights that have not been optimal, difficulties in obtaining sources, including their different characteristics, the existence of fake journalists, and gender bias in the newsroom and the field. In addition, the double burden of carrying out their profession is also a problem they need help with. Despite this, these female journalists still try to maintain their professionalism. They construct themselves as professional journalists by understanding that their profession is a form of responsibility and commitment. They maintain standards of professionalism by prioritizing the code of ethics, ethical awareness, knowledge, and competencies possessed. In this way, they strive to stay relevant and in a professional carriage in the face of the ever-growing flow of news.

OMNIBUS LAW IMPACT ON WORKER WELFARE IS UNCERTAIN

The Omnibus Law, also known as the Omnibus Law , is a progressive step taken by the government in the legal sector. Its purpose is to eliminate overlaps and conflicts between laws and regulations in similar sectors by reorganizing them. The legal protection of workers' normative rights in the Omnibus Law will also be analyzed. This thesis aims to examine the regulation of normative rights of workers in the Omnibus Law and compare its strengths and weaknesses to Law Number 13 of 2003. The research method used is normative juridical legal research, which involves referring to legal norms and researching library materials or secondary materials. This includes processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the Omnibus Law regulates normative labor rights to protect workers, as stated in Article 80. This article aims to strengthen worker protection, increase their role, and improve their welfare in supporting the investment ecosystem. The Omnibus Law is weaker than Law Number 13 of 2003 in terms of regulating the normative rights of workers. It is considered detrimental to workers and lacks legal protection for their normative rights. The only provides limited protection for workers' rights through Article 81, which is related to employment. Legal protection should guarantee workers' rights, as outlined in Law Number 11 of 2020 concerning Job Creation

CASE STUDY OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION FOR FOREIGN WORKERS IN FOREIGN EMBASSIES: TOWARDS AN IDEAL LEGAL CERTAINTY

Background: The resolution of Industrial Relations Disputes (IRDP) involving Foreign Workers (FW) and Foreign Missions in Indonesia is particularly unique and warrants further examination. This is due to its involvement with complex international law, particularly concerning diplomatic immunity and state immunity, making achieving an ideal resolution for foreign workers and providing legal certainty challenging. The issue revolves around determining the ideal IRDP resolution to offer legal certainty to Foreign Workers employed in Foreign Missions. Methods: This legal study analyzes relevant laws, concepts, and cases to identify an ideal resolution. Sources include international law, Indonesian national law, and foreign case studies. Results: The ideal resolution of Industrial Relations Disputes (IRDP) between FW and Foreign Missions in Indonesia must consider various aspects to ensure legal certainty. In the context of UNCJIS ratification, the Indonesian Government needs careful consideration before deciding to enact this convention. Conclusion: The Indonesian Government, not having enacted UNCJIS 2004 into its national law, would find it challenging to provide legal certainty to FW working in Foreign Missions in Indonesia, particularly those dismissed without being granted their normative rights. This is because executing legally binding court decisions becomes challenging. Therefore, the Indonesian Government could establish Bilateral Agreements between nations falling under its jurisdiction to ensure legal certainty for FW working in Foreign Missions in Indonesia.

Problem praw kobiet w międzywojennej prasie dla Polek

The article contains topics that were of historical interest but are still relevant today. The issue of women’s rights was part of the reflection on the existence of normative laws regulating the rights of women citizens, but it also fell within the sphere of social exclusion, which reflected the mentality of society. In the interwar period, Polish women gained full rights, including educational, economic, and social ones. These were largely subject to „maternal determinism”, that is, they resulted from the social role of the mother. Moreover, they could enjoy political rights. They had the right to vote and stand for election, to hold public office, to information, freedom of association, and freedom of expression. In the press journalism addressed to female readers, attention was drawn to the discrepancy between the normative rights of Polish women and the actual implementation of the principle of legal egalitarianism. On its basis, an image of the dysfunction of the system of women’s rights, areas of abuse, and sometimes crimes against female citizens of the Republic of Poland was created

Pension Plan (JHT) by the Government in the Manpower Sector Based on the Concept of the State of Law in the City of Tangerang

<p><em>The government in the field of manpower has issued a new regulation regarding Pension Plan (JHT) for workers/laborers when they enter retirement age, experience total disability and die. In the new regulation issued by the Minister of Manpower, it has changed the application of JHT for workers to obtain the benefits of JHT payments after reaching the age of 56 (fifty six) years. JHT which is issued based on the Regulation of the Minister of Manpower of the Republic of Indonesia Number 2 of 2022 concerning Procedures and Requirements for Payment of Pension Plan Benefits, causes workers/laborers to lose their normative rights to work and a decent life in accordance with the objectives of labor law.The research method used is a normative legal research method, namely research on library materials which are basic data in science classified as secondary data. . Normative legal research serves to provide juridical arguments when there is a vacuum, ambiguity, and conflict of norms.</em></p><em>Development in the field of manpower is basically in accordance with the objectives of the law, namely justice, order and benefit for the welfare of workers and their families. This is done because development in the field of manpower involves harmonious industrial relations between the government, employers, and workers. In the concept of a state of law, the provision of Pension Plan (JHT) benefits, the government in the field of manpower should provide legal protection for workers/laborers.</em>

STUDI KOMPARASI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (PERSELISIHAN HAK) MENURUT SISTEM HUKUM INDONESIA DAN KOREA SELATAN

Work contracts that are not in accordance with labour laws, discriminatory status and industrial relations, substandard wage rates and wage systems, and the non-fulfillment of other normative rights are examples of labour rights violations. Furthermore, this research is normative research that is descriptive in nature, with secondary data whose data sources are primary, secondary, and tertiary legal materials, qualitatively analyzed data collection through literature studies, and deductively derived conclusions. The problem statement in this research is how the similarities and differences between the rights conflicts in Indonesia and South Korea And how its advantages and disadvantages. The Labour Inspection Service is responsible for enforcing labor regulations that guarantee the fulfilment of labour rights and taking stern action against companies/employers who violate these regulations. As a result, labor rights violations continue to occur despite the Labour Inspection Service's efforts. Indonesia has permanent legal force where disputes can be resolved through litigation or non-litigation, and has deficiencies in terms of the type of settlement, whereas South Korea has more detailed legal force, but its weakness is that few cases of labour disputes are brought to court without going through the Labour Relations Commission (LRC).

Analisis Keberlakuan Peraturan Pemerintah Turunan Undang-Undang Cipta Kerja Pasca Putusan Inkonstitusional Bersyarat

It should be noted that the Job Creation Law No.11/2020 has caused many contradictions and differences of opinion. This is because at the time of drafting the law, it was considered too hasty to implement the omnibus law in Indonesia and very close to stakeholders, which shows that there is no openness of information and discussion space with the wider community. Anwar Usman, chairman of the legal panel emphasized that the Job Creation Law is formally flawed and therefore declared unconstitutional with conditions. Then some time ago it was passed by the DPR into Law No.6/2023 concerning the Stipulation of Government Regulation in Lieu of Law No.2/2022 concerning Job Creation. The amendment of Perpu on Job Creation No. 2/2022 in the labor cluster does not fully provide protection for workers, instead what happens is a reduction in normative rights as workers/laborers. As the theory of the rule of law, legal protection, human rights, labor law and political formation should be able to create protection for workers, which we know so far the rights of workers have always been weaker than employers.

Humor in The Stand-Up Comedy You Wanna Hear Something Crazy?: A Universal Pragmatic Study

Humor is an interesting phenomenon that has been studied widely, yet it is considered a universal trait that cannot be an old subject for a study. This study is conducted to investigate humor from a universal pragmatic lens in a stand-up comedy show, namely, You Wanna Hear Something Crazy?. It aims to study humor as a coin with two sides, the production side and the understanding side. To achieve the aim of the study, the researchers use an eclectic contains Grice’s CP model (1975) and Habermas’s UP model (1979, 1984, 1987, 1998). The study has noted that while using the observance and the non-observance of the cooperative maxims to produce humor, the universal validity claims of truth, sincerity, and normative rightness for reaching a mutual understanding with the audience are raised. The study concludes that more than one maxim can be used, whether it is observed or non-observed, to produce humor. Besides, humor can be produced through the combination sequence of the observance and the non-observance of maxims. It is also shown that humor has adhered to the universal validity claims of truth, sincerity, and normative rightness. On the whole, humor is used communicatively to get the hearer into a mutual understanding.

Pengawasan Dinas Tenaga Kerja Indonesia terhadap Perusahaan Jasa Tenaga Kerja pada Kota Medan

The Medan City Manpower Office stipulates a minimum wage which is the lowest monthly wage received by workers/labourers as a safety net for workers from the arbitrariness of employers in giving wages to workers. The non-implementation of the provision of the minimum wage by employers has an impact on the occurrence of industrial relations disputes between employers and workers/laborers. In this study, the formulation of the problem is how is the supervision of the Medan City Manpower Service regarding the implementation of the 2017 minimum wage in Medan City? What obstacles occurred in supervising the implementation of the 2017 minimum wage in the city of Medan? Labor inspection is carried out to monitor compliance with labor laws and regulations carried out by labor inspectors from the Medan city manpower and transmigration office which is also based on chapter XIV of Law no. 13 of 2003 concerning Manpower. the research method used is qualitative and naturalistic. Based on the research results, it was found that many workers in the city of Medan had not received normative rights in accordance with Law no. 13 of 2003 concerning Manpower, including non-payment of wages in accordance with the minimum wage, termination of employment (PHK) and payment of overtime wages that are not in accordance with the provisions by employers. These workers feel that their rights are not protected by the government, especially the Department of Manpower and Transmigration as the employment agency.
 Keywords: Supervision, employment, law no. 13 of 2003

Analysis of Professionalism and The Rights of Film Workers in The Certification Program According to Law Number 33 of 2009 Concerning Film

Introduction: This research aims to invite film workers to take certification rights in government programs in regulating the Indonesian National Work Competency Standards (SKKNI) program and also voice the rights of film workers based on Law Number 13 of 2003 and also Law Number 33 of 2009, with this competency standard, the competitive value of film workers will increase. Moreover, until now, we have experienced that there has yet to be full awareness and massive communication from film workers and business actors. Method: The type of research used is normative-empirical legal research with sociological research methods using secondary data research and interviews. The data analysis used is descriptive qualitative, which contains regular, logical, and effective sentences in the research. Result: So far, the contents of work contracts are often considered to be detrimental to film workers because they do not guarantee normative rights. The government also still places the interests of film workers at the bottom of the list of its work priorities. This is evident in the programs implemented by the three ministries, which tend to answer film entrepreneurs' needs rather than protect workers' interests. Conclusion: The implementation of Law Number 13 of 2003, which regulates employment in general, has yet to be carried out as it should, including for film workers, which is also contained in Law Number 33 of 2009.

Legal Protection against the Guarantee of the Normative Rights of Workers after the Issuance of Law Number 11 Year 2020 Concerning Copyright

One problem that gets the most attention is the issue of fulfilling workers' rights. The emergence of disputes between workers and employers or employers is due to the existence of rights between workers and employers that are not carried out by each party. Although there has been Law (UU) No. 13 of 2003 concerning Manpower, this law has not been able to mediate when there are workers' rights that are not fulfilled by employers. The issuance of Law Number 11 of 2020 concerning Job Creation makes the fate of workers worse, because this law is more oriented towards increasing economic investment and facilitating business permits, but on the other hand, it ignores the normative rights of workers

The interplay of personal storytelling with rational justifications in online discussions: A qualitative exploration of news user comments

In light of theoretical controversies among deliberation scholars, this study thoroughly explores the interplay of personal storytelling with rational justifications in online discussions. In a qualitative content analysis, it examines how this relationship manifests in online news user comments on the public role of religion and secularism in society from the period of August 2015 until July 2016. To provide more general interpretive insights, the study analyses highly comparable data from multiple countries. The material stems from the websites of nine daily news media in Australia, the United States, Germany and Switzerland. In the investigated online news user comments, personal storytelling regularly interplays with rational justifications in the shape of a narrative rationality and a supportive narrativity. While narrative rationality relies on personal narratives to make a point in the form of a rational justification, supportive narrativity builds on personal experiences referenced in passing to further reinforce a general line of reasoning. Personal storytelling thus plays a vital role in justifying the normative rightness of the positions that the commenters take on the contested issue. This supports normative theories that acknowledge the merit of personal storytelling for public deliberation and provides new impulses for their specification.

Criminalization of Employers Against Workers in View of The Law

The relationship between employers and workers is the main thing in business, but this relationship is often a dispute because one party commits non-compliance in implementing the contents of the labor agreement in this case the employer does not pay the normative rights of workers, mutates under pressure / intimidation, Prohibition of organization, discrimination between women workers and male workers and other criminal acts that can harm workers. Policy in handling crime (penal policy) on the creation of harmonization of relations between employers and workers is the concept of labor relations with the industrial family relationship model based on family relationships and togetherness in accordance with the philosophy of industrial Relations. This paper aims to anticipate the criminalization of employer-employee relationships that require norms that regulate equality issues before the law related to labor crimes and supervision and criminal law enforcement, especially in the process of investigating labor crimes handled directly by the police.

The Rights of Subjects over the Kingdom: Situating the History of Rights in Early Modern South Asia

Abstract Eighteenth-century critics of the concept of Oriental Despotism understood rights to hold an important place in the governance of Muslim-ruled empires. In asking what we might make of this idea, this article examines a tradition of speaking about the “rights of subjects over the kingdom” in sultanic India from the late fourteenth century onwards. This tradition, drawing to a significant extent from the writings of ‘Ali Hamadānī (d. 1384), articulated normative rights of recipience for sultanic subjects, often embedded in an early Islamic imaginaire. Sketching several iterations of this tradition over five centuries, the article argues that while the critique of the concept of Oriental Despotism, in so far as it dealt with rights, would come to focus centrally on the question of property rights, there was another, less familiar rights tradition that was left thereby in the shadows.

Participatory research in health promotion: a critical review and illustration of rationales.

In health promotion research, enthusiasm for patient and public involvement (PPI) is growing. However, a lack of conceptual clarity leads to ambiguities in participatory processes and purposes, and hampers efforts to achieve and evaluate PPI in research. This study provides an overview of its underlying reasons—or rationales—so as to better understand, guide and interpret PPI in research practice. We conducted a critical review to identify typologies of rationales for PPI. We re-categorized the different types of rationales from these typologies based on their content. We illustrated the resulting categories of rationales with examples from a case study on PPI in research on Lyme disease. Five categories of rationales for PPI were identified. The democratic rationale reflects the normative right of citizens to have a voice in research. The consumerist rationale refers to the economic right of stakeholders with interests to have a say. Rooted in social justice, the transformative rationale seeks to empower marginalized groups. The substantive rationale starts from epistemic considerations and aims to improve the quality of knowledge that research generates. The instrumental rationale is of pragmatic origin and refers to improved efficiency and effectiveness of the research. Our overview of categories of rationales can be used as a frame of reference for PPI in health promotion research. Exploring, stating explicitly and reflecting on the underlying reasons for PPI may help to define realistic purposes, select matching approaches and design appropriate evaluation studies. This might also contribute to the conceptualization of PPI.

PERLINDUNGAN HUKUM BAGI PEKERJA KONTRAK APABILA DI PHK PADA MASA KONTRAK BERLANGSUNG

Legal protection relates to government power and economic power. With regard to the people, in Article 1 paragraph 3 of Law Number 13 of 2003 concerning employment, a worker or laborer is anyone who works by receiving wages in other forms. The work agreement is divided into two, namely the Specific Time Work Agreement and the Indefinite Work Agreement. Definition of Contract Workers are those who work based on a certain time work agreement (PKWT), namely a work agreement between the entrepreneur and the worker to hold a working relationship for a certain time or for a certain job. If in the employment agreement the entrepreneur terminates the employment relationship (PHK), namely the termination of the employment relationship due to a certain matter that results in the termination of the rights and obligations of the worker, it is very important to provide legal protection to the worker/laborer. The author here will discuss the problem of regulating the normative rights of workers / laborers who are laid off during the contract period according to Law no. 11 of 2021 concerning Job Creation and how is the legal protection for workers/ labourers who have been laid off during the contract period. The purpose of the author is of course to find out the normative rights arrangements of workers who have been laid off during the contract period and to find out what legal protections are obtained by these workers / laborers. This type of research has used the type of research from normative law. The result of the writing that the author discusses is that the party who ends the employment relationship is required to pay compensation to the other party in the amount of the worker's salary until the expiration of the work agreement period

Conceptualizing “Vulnerability” in the European Legal Space: Mixed Migration Flows and Human Trafficking as a Test

The article discusses the role of “vulnerability” in the legal and political discourse of today's Europe as a dual-mode dispositive. On the one hand, “vulnerability” allows the legal formalism to incorporate the precarious subjects that the traditional language of “rights” risks to exclude. Compared with the human rights language, “vulnerability” better articulates the relationship between legal categories and rapidly changing social and ecological landscapes. The “vulnerability language” captures intersectionality. On the other hand, however, through examples taken from the EU normative production on irregular and mixed migrations, with a focus on refugee “screening” and reception and on managing identification and referral procedures of persons victims of human trafficking, this article shows that the assignment of an individual to a “vulnerable group” has the effect not only of expanding and intensifying their protection under normative human rights regimes, but also of accentuating some risks already inherent in human rights discourse, namely paternalism and essentialism. Paradoxically, a possible outcome can be fragmentation of rights protection frameworks, and exclusion. Vulnerable migrants may have to face additional challenges stemming from their inability (coupled with objective difficulty) to decodify communications and instructions concerning their status. Divergent ways of conceiving vulnerability, depending on subjective assessments, public policy standards, the legal framework, and the political agenda on welfare, contribute to neutralizing the potentially emancipatory impact of the vulnerability language.

PERAN DINAS TENAGA KERJA KABUPATEN ASAHAN DALAM PENYELESAIAN PERSELISIHAN HAK PEKERJA/BURUH

In the employment relationship there are workers/labor rights, commonly referred to as normative rights. Where it turns out that the practice is not fully implemented by the entrepreneur, many entrepreneurs actually carry out the normative rights of workers/laborers, which are still far below the applicable provisions, so that in the end it creates conflict. This research was carried out by looking at the truth in the field and by taking into account the provisions of the applicable norms which were then confirmed by the Asahan Regency employment agency. Disputes over the rights of workers/laborers that often occur are regarding the lack of wages which are carried out in conjunction with demands for payment of severance pay as a result of termination of employment. The settlement process still faces many obstacles.