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The Legal Opinion of Law Enforcement on the Field of Forest and Land Combustion in Riau Polda

Riadi Asra Rahmada, aFaculty of Law, Universitas Islam Riau, Indonesia, email: riadi_arahmad67@yahoo.com

The Riau Province Forest and Land Fire Task Force arrested 3 forest fire suspects in the Bukit Kesuma village area, located 81 kilometres into the Tesso Nilo National Park area in Riau. This is part of a total of 51 individual suspects and one corporate suspect (PT.SSS). A prohibition on the act of burning land, explicitly contained in Article 69, paragraph (1), letter h of Law Number 32 of 2009, concerns environmental protection and management. It reads, ‘Everyone is prohibited from clearing land by burning.’ Furthermore, in Article 108 of Law Number 32 of 2009, concerning environmental protection and management, ‘Everyone who burns land, as referred to in Article 69, paragraph (1), letter h, shall be sentenced to a minimum imprisonment of 3 years and a maximum of 10 years with a fine of at least Rp.3,000,000,000.00 (three billion rupiah) and a maximum of Rp10,000,000,000.00 (ten billion rupiah).’ Until now, although the dangerous hazy conditions continue to occur in Riau Province, it apparently does not necessarily incur law enforcement, in the field of the environment, of perpetrators of forest and land burning. This is so especially in environmental criminal law enforcement, in accordance with the rule of law as the main task of the Indonesian National Police. Article 13 of Law Number 2 of 2002 concerns the role of the Indonesian National Police: maintaining public security and order, enforcing the law and providing protection and services to the public. Pages 1 to 10

 

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Employment Dispute Resolution in Industrial Relations Justice Based on Simple, Fast and Light Costs

Sherly Ayuna Putria*, Efa Laela Fakhriahb, Agus Mulya Karsonc, a,b,cFaculty of Law Padjadjaran University Indonesia, Email: a*sherly.ayunaputri@yahoo.com

After the birth of Law No. 2 of 2004 on the settlement of Industrial relations disputes, settlement of industrial relations disputes in employment law is known by a model of voluntary settlement. This settlement is done through bipartisanship, conciliation, mediation, and arbitration. The model of settlement through the Industrial Relations Court is mandatory. In addition, there is a restriction that only the settlement of rights disputes and disputes of termination of employment may be submitted to the Supreme Court without going through the appeals procedure. The problem of settlements of industrial relations disputes is the difference of opinion that results in conflict between entrepreneurs or joint entrepreneurs and workers/labour or unions/trade unions. This is due to disputes regarding rights, conflicts of interest, disputes in employment and disputes between trade unions/unions in one company. It is also about the incompetence of the Court of Industrial Relations that ineffectively resolves employment disputes. This study uses the normative juridical research approach. Given this research is normative legal research, the approach used is a normative juridical approach. It is accompanied by historical approaches to the law and empirical approaches. The results showed that the industrial relations dispute resolution mechanism is completed according to the industrial relations Court under Law No. 2/2004. The scope of industrial relations disputes brought before the judiciary includes four types of disputes: rights disputes, interest disputes, termination of employment disputes and disputes between labour unions/trade unions in one company. The objective of this research is to analyse employment dispute resolution mechanisms in the Industrial Relations Court based on simple, fast and light costs. In reviewing Law No. 2 of 2004 on the completion of industrial relations disputes, the relevance of the resolution of industrial relations disputes still requires revision. It is considered unable to accommodate and reflect a simple, fast and cost-effective principle. Pages 11 to 26

 

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The Open System of Strategic Planning for the Development of Rural Autonomy in Riau, Indonesia

H. Sufian Hamima*, Sri Indrastutib, aSchool of Social and Political Sciences,  University Islamic of Riau, Riau, Indonesia, bSchool of Management Economics, University Islamic of Riau , Riau, Indonesia, email: a*sufianhamim@soc.uir.ac.id, bsriindrastuti@gmail.com

This study intends to explain the open system of strategic planning in the contextual development of rural autonomy. The aim is to analyse and explain the relationship between the preconditions of strategic planning, formulation of strategic plans, implementation of development programs and success of rural development. It will complete and reformulate the concepts and theories of strategic management and strategic planning using the results of research [Hunger and Wheelen, 1996; Steiner, 1979; and Mintzberg, 1994]. The concepts and theories of strategic management and strategic planning have not yet revealed the relationship of influence between environmental observation strategies. The research method used was an explanatory survey. As a population, all villages are spread across 10 regencies in Riau Province, totalling 1046 villages. The village sampling technique used was the Cluster Sampling method. The minimum number of samples, regarding responses from officials and members of the community (based on the Slovin formula), was obtained from 331 respondents. For implementation, in order to strengthen and sharpen the results of the analysis, a set consisted of 90 informants. Data collection techniques involved active participation observation, study documentation, interviews and questionnaires. The data analysis techniques were carried out using a qualitative and quantitative approach. The first involved observation and interviews with informants. The second involved a statistical test using Structural Equation Modelling (S.E.M). The results of the study indicate that the pattern of the relationship between environmental observation of the strategy and the implementation of the strategy is inversely proportional. Pages 27 to 40

 

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A Feasibility Study of the Expansion of the Districts of Pelalawan Regency, South Riau, Indonesia

H. Sufian Hamima*, H. Indra Muchlis Adnanb, Andri Kurniawanc, a,cSchool of Social and Political Sciences, Islamic University of Riau, Indonesia, bSchool of Law Sciences, Islamic University of Indragiri, Riau, Indonesia, email: a*sufianhamim@soc.uir.ac.id, candri1324ak@gmail.com

The dynamics of the desire of the people in an area to be autonomous have been addressed by the central government with the issuance of the regional autonomy policy in Government Regulation Number 78 of 2007. It concerns the procedures for the formation, deletion and incorporation of regions. Along with the demands and developments in the dynamics of the community to obtain welfare, justice and public services, there are several sub-districts in Pelalawan Regency in the South Region of Riau Province wishing to form a new autonomous region or become a regional division. The community feels that the region has the economic potential, natural resources and financial capacity to improve the welfare of the community. It also has a rapidly growing population. In 2017, there were around 204,308 thousand people, who enable them to fulfil the requirements of becoming a new autonomous regions. On that basis, the proposed expansion of the district needs to be studied in depth to determine its feasibility. The main forms of data used as the basis for this research are primary and secondary data. Secondary data is extracted from various relevant sources, namely the Central Statistics Agency, Regional Statistics Office, regional government, Bappeda and analysis of various variables and indicators. Pages 41 to 57

 

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The Non-Arbitrability of Business Disputes and Denial of the Arbitration Clause by the Parties

Sufiarinaa, Andi Farianab, Herman Sudrajatc, a Lecturer at the Faculty of Law at Tama Jagakarsa University, bLecturer of ABFII Perbanas Institute, cAdvocate, email: asufiarina@jagakara.ac.idbfariana@yahoo.comcmanzat1609@yahoo.co.id   

Not all disputes can be resolved through arbitration. Article 5 of the Arbitration Law has limited disputes to the field of trade and disputes that, according to the law, cannot find peace. It means that there are disputes in the field of trade that can be arbitrated (arbitrability) and cannot be arbitrated (non-arbitrability). The Regulation of the Supreme Court (Perma) on mediation procedures in the court stated that every dispute brought before the court must seek peace. Article 4 of Perma excludes peace in certain disputes. According to the Arbitration Law, the court is not authorised to examine and decide on disputes that have an arbitration clause. However, in practice, violations in the form of arbitration denial are found and become legal issues. It is important to note the trade disputes that cannot be arbitrated and also to find the solutions to disputes that have an arbitration clause but still go to court. To study this, a statutory and conceptual approach are used. The conclusions obtained, regarding the trade disputes that cannot be arbitrated, are Bankruptcy and PKPU. The court must declare that the claim cannot be accepted if the contents of the arbitration clause are found. If a dispute with an arbitration clause is to be brought to trial, the parties must first revoke the arbitration authority with a written agreement to the same degree. Revocation or denial of an arbitration clause cannot merely be an assumption. Pages 58 to 76

 

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The Importance of International Conventions in ASEAN Countries against Trafficking in Persons, Especially Women and Children

Syafrinaldia, Zulakrialb, Heni Susantic, a,b,cFakultas Hukum, Universitas Islam Riau, Jln Kaharudin Nasution No.113 Marpoyan Pekanbaru – Indonesia, Email: asyafrinaldi@law.uir.ac.idbzulakrial@law.uir.ac.idcheni@law.uir.ac.id

Based on empirical evidence, women and children are the groups that are the most victims of trafficking in persons. Victims are trafficked not only for the purpose of prostitution or other forms of sexual exploitation, but also include other forms of exploitation, such as forced labour, slavery, or similar practices of slavery. The perpetrators of trafficking in persons commit recruitment, transfer, concealment, or acceptance of people for the purpose of trapping or exploiting the person in the practice of exploitation in all its forms with threats of violence, use of violence, kidnapping, forgery, fraud, abuse of power, or vulnerable position, or providing payments or benefits so that the consent of the person in control of the victim is obtained. The ACTIP (ASEAN Convention Against Trafficking in Persons, especially Women And Children) International Agreement Against Law No. 21 of 2007 is concerned with Criminal Trafficking in Persons. The problem approach used in this study is the normative juridical method, or also called the doctrinal law research, namely the problem approach that emphasises the applicable laws and regulations and theories that are relevant or related to the problem to be discussed. The Linkage of Law Number 21 the Year 2007, Concerning Eradication of the Criminal Act of Trafficking in Persons with the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP), as well as with several other laws and regulations, has made Indonesia make efforts in handling cases of Acts Criminal Trafficking in Persons. It can be said that all efforts made by ASEAN countries in combating trafficking in persons can be said to be one step further. This is due to the existence of good communication in the form of rules which are then agreed upon by each ASEAN member country. Pages 77 to 86

 

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Polri (Indonesian Police Dept) Investigator Position in Accordance with Criminal Code Procedures on Narcotics Crime Law Enforcement

Yudi Krismena, aUndergraduate and post-graduate lecturer of Islamic University of Riau Office; Jl. Kaharuddin nasution No. 113 marpoyan Pekanbaru-Riau 28284, Email: ayudikrismen@soc.uir.ac.id

Polri authorisation restriction could be watched over by the regulation of investigation authorisation; where the authorisation to do that on certain crime activities is based on certain regulations. Just to be given to certain PPNS, while Polri just has authorisation if required by PPNS. Authorisation on investigation and interrogation is owned by two agencies; Indonesian Police Dept and National Anti-Narcotics Agency as statute no. 8 year 1981 on KUHAP section 6 (1) subsection (b), that civil investigator be given special authorisation by law. From the background above, the author makes some points as follows: what is the legal consequence toward dualism on the interrogation duty of narcotics to the Indonesian state administration, and what is the best proportion toward Polri and BNN investigation on narcotics crime action. The goal of this research is to analyse the legal consequence toward dualism of narcotics crime investigation in the Indonesian state administration and to analyse the best proportion on Polri and BNN investigation authorisation toward narcotics crime activity. The type of research applied is normative research, by using references research method that is law research, used by studying and observing references as primary and secondary law materials. Meanwhile this research is descriptive due to the author wishing to demonstrate the problems as research points. Data analysis is presented descriptively, then the author makes a summary on this research deductively. From this research some points were obtained. First, the same authorisation  to national anti-narcotics agency and the Indonesian police department section 81 statute no. 35-year 2009 on narcotics, particularly on interrogation which causes dualism in narcotics investigation. Pages 87 to 108

 

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 Strict Liability in Patent Proceedings

Zakki adlhiyatia*, S.W Yuliantib, a,bBoth authors are lecture in Faculty of Law Universitas Sebelas Maret Surakarta. Email: a*zakkiadlhiyati@staff.uns.ac.id

Actori incumbit probatio is a general principle used in civil trial. The principle demands those who assert must prove and leave the burden of proof on the fault of the plaintiff, as we are using liability based on the fault principle. Nevertheless, patent law provides strict liability as a system used in its burden of proof, therefore the defendant needs to prove their innocence, and the fault will be the defendant’s responsibility to prove. Reconsidering the Donald Black theory on law in the book and law in action in contrast, the commercial court judges are still using the common general burden of proof which places the burden on the plaintiff and focuses on liability based on fault in patent proceeding. In this case the law enforcer behaviour is against the rule. Whereas all the conduct that is against the law will affect the effectiveness of the law. Pages 109 to 115

 

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The Significance of the Indian Ocean Rim Association for Indonesia’s Global Maritime Fulcrum Vision

Artha Yudillaa, aInternational Relations Department, Faculty of Social and Political Science Universitas Islam Riau, Pekanbaru, Riau, Indonesia, Email: aarthayudilla@soc.uir.ac.id

This research will analyse and give an explanation about the significance of the Indian Ocean Rim Association for helping Indonesia achieve its maritime diplomacy known as the “Global Maritime Fulcrum” Policy. As one of the active members, Indonesia has become quite vocal in promoting the main vision of the association, which is the vision of a global blue economy. Proved by the latest IORA summit in 2017, Indonesia was trusted to be the host for the event. This is of no surprise given Indonesia is eager to achieve the blue economy itself by making the strategic maritime policy called the “Global Maritime Fulcrum”. However, the problem is why Indonesia seems to choose IORA over other associations, for instance ASEAN even though ASEAN also has the rather similar policy called “ASEAN Master Plan Connectivity”. The other question is how significant the cooperation really is. This research will use the qualitative method with an analysis-oriented writing, based on two basic theories which are neoliberal institutionalism and geopolitics. The conclusion of this research is that a state’s interest determines how its foreign policy is made, in this case, from a geopolitics perspective. Indonesia’s interest in achieving the “Global Maritime Fulcrum” vision is considered the main goal of the country, and that is why Indonesia has been active in the cooperation; which has the most beneficial offer. Furthermore, like the neoliberal institutionalists say, an international association is supposed to help the members gain interest though strategic cooperation. This topic is a new and important issue as the global maritime fulcrum has become crucial for the future of Indonesia's maritime diplomacy. It can also be the reference for future research related to a similar topic. Pages 116 to 126

 

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 Legal Protection for Consumers in Buying Agreements Online

Dharu Triasiha*, B. Rini Heryantib, Endah Pujiastutic, a,b,cThe writer is a Lecturer in Civil Law at the University of Semarang Law Faculty, Email: a*dharutriasih.fhusm@yahoo.co.id

Online sale and purchase agreements made through electronic media are very popular with some people. The development of this information technology will have an impact on the development of existing legal rules. Because up to now, there is still a legal vacuum in Indonesia, because it has not accommodated the terms of the agreement of buying and selling online specifically. The skill element in an online purchase agreement is difficult to measure, because anyone can make an online purchase agreement. When there are legal issues, legal protection for consumers is still not the optimal juridical empirical approach method. This research was conducted in Semarang, Pekalongan, and Magelang. The selection of these three cities in Central Java is based on the purposive sampling method. Data was obtained through interviews, questionnaires, and literature studies. Primary and secondary data qualitative analysis was used. The results showed that legal protection for consumers in an online sale and purchase agreement in Central Java, is still based on aspects of seller and buyer trust. Consumers as weak parties in this online sale and purchase agreement, often experience losses and dissatisfaction in receiving the goods or services promised. Defaults made by the seller or business actors are in the form of: not sending goods, are being paid money, not given the exact delivery time, items that are not appropriate, and even fraud. Consumers do not know how to resolve disputes in the online sale and purchase agreement, so consumers are only passive or accept it as their own mistakes. Existing laws are not sufficient to provide optimal legal protection to consumers. Pages 127 to 142

 

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Authority of Religious Court in Complete Settlement of Sharia Banking Based on Justice Values

Dhian Indah Astantia, B.Rini Heryantib, Subaidah Ratna Juitac, a,b,cThe writers are the lecturer in Law Faculty, Semarang University, Semarang, Indonesia, Email: adhian.indah.astanti@gmail.combb.rini.heryanti@gmail.comcratna.juita@usm.ac.id

Law is always present to overcome any problems that occur in the community and is asked to be given to every party who litigates. Legal matters that provide justice as one of the best solutions to any existing problems, can be seen in discussions related to Islamic banking and are expected to provide licenses for all litigants. A dignified justice at the practical level will be seen, evaluated and explained as to how to overcome the laws governing Islamic banking or injustices that are always in conflict with Islamic banking through a judge's decision. The method approach used in this research is normative juridical by analysing primary and secondary data. The data collection method is done through a literature study. In the context of the judges' decisions in the Religious Courts as the spearhead in sharia banking settlement, it is expected that the ruling should not only apply as a legal and statutory responsibility, but more important than any judge's decision that can be provided in accordance with expectations, is the value born of responsive legal sources according to conscience, including the judge's conscience when giving a verdict. Thus, this paper will conduct a depth study and see further what determines the Religious Courts in sharia banking agreements based on a dignified value justice perspective. Pages 143 to 152

 

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 The Existence of Small Claims Court in Settling Business Disputes in Indonesia: A Comparative Study with Singapore and the Netherlands

Efa Laela Fakhriaha, Anita Afrianab, a,bFaculty of Law, Padjadjaran University, Bandung, Indonesia, Email: aefa@unpad.ac.idbanita.afriana@unpad.ac.id

Business disputes require an expeditious, simple and amicable settlement which is cost-effective. Settling business disputes through courts is not considered an appropriate option. Nevertheless, settlement of disputes through other alternatives often times are not final and binding. Therefore, Small Claims Courts can act as one of the strategies to resolve business disputes. There are differences in disputes settlement and law enforcement through Small Claims Court in Singapore, the Netherlands and Indonesia. This is based on the legal system adopted by the respective countries. In Indonesia, the Small Claims Court is stipulated by the Supreme Court Regulation. The Small Claims Court has jurisdiction to hear civil disputes that involve no more than 500 million Indonesian Rupiah (IDR), both due to default law and unlawful acts. In the Netherlands, the establishment of Small Claims Court is included in the implementation Act of the European Small Claims Procedure meanwhile, in Singapore, the regulation on Small Claims Court is stipulated in the Small Claims Tribunal Act. In Singapore and the Netherlands, the Small Claims Court is only authorised to settle and decide upon a lawsuit with a relatively small amount of value arising out of breaching of contract or default. Pages 153 to 167

 

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Quo Vadis Citizen Lawsuits in Consumer Law Cases in Indonesia

Emi Puasa Handayania, Zainal Arifinb, aFaculty of Law, Universitas Islam Kadiri (Uniska), bFaculty of Law, Universitas Islam Kadiri (Uniska), Email: aemipuasa.fh@uniska-kediri.ac.idbzainal.fh@uniska-kediri.ac.id

This paper entitled Quo Vadis citizen lawsuit is motivated by legal problems. There are philosophical, sociological and juridical issues. The philosophical problem is the unclear meaning of a citizen lawsuit in legislation currently in force in Indonesia. The sociological problem is that the consumer society in Indonesia wants to arrange a citizen lawsuit in the law and the juridical problem is that in the law in Indonesia does not regulate clearly and it is still vague of what is normal. Given the importance of protecting consumers and business people in Indonesia, the author raises this issue with two key research questions: first, what is the nature of a citizen lawsuit? Second, what is the current and future process of proceeding in a citizen lawsuit? To answer both research questions, normative juridical research methods will be used. The result is that a citizen lawsuit or individual lawsuit is essentially protecting consumer rights. Whereas the current citizen lawsuit process has not been detailed yet. In the future, it must be clarified and detailed. Pages 168 to 182

 

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MAC Method (Mediation, Agreement, and Certification) for Grondkaart as an Alternative Dispute Resolution between PT.KAI and Society

Mohammad Hamidi Masykura*, Ida Nurlindab, Efa Laela Fakhriahc, Yani Puijiwatid, aBrawijaya University, b,c,dPadjadjaran University, Email: a*hamidi@ub.ac.id

Grondkaart is a Measurement Letter or Technical Preview which measured by a Landmester (Land Measurement Officer) and endorsed by the Head Office of Cadastre and Resident as well as having a legal basis in the form of a decision (Besluit) and/or determination (beschikking). This can be used as an initial reference for the process of proof of land ownership rights, but the other hand, local people feel the land around Grondkaart because the land has been mastered over the years. When PT. KAI reported the residents over the land grab to police, investigators assumed PT.KAI currently does not have a strong legal standing because Grondkaart is not proof of ownership of the land but only as a measurement certificate and initial evidence to be able to register the land. Therefore, it does not have legal power and lack of legal certainty in land ownership. Indeed in order to achieve legal certainty over the ownership of the land, Article 49 paragraph (1) of Law No. 1 of 2004 on State Treasury confirms that the goods belong to countries / regions in the form of land controlled by the central government / Regions must be certified on behalf of the Government of the Republic of Indonesia / local governments whereas according to this research is PT. KAI. In line with that, in the Article 86 of Law No. 23 of 2007 on Train also confirmed that the land already controlled by the government, local government or enterprises in the development of train infrastructure, certified in accordance with the provisions of the legislation in the land sector. However, PT. KAI hampered by rules that the land must be mastered physically and there is no dispute if it is wanted to be registered. These provisions become a long series of polemical for the assets of PT. KAI against communities in several regions in Indonesia. Pages 183 to 200

 

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The Industrial Revolution 4.0: What it has to Offer

Herlianaa, aFaculty of Law, Universitas Gadjah Mada, Indonesia, email: herliana@mail.ugm.ac.id

The fourth industrial revolution (4.0) has a huge impact on how people communicate. It also brings opportunities and challenges. In some sectors, like manufacturing, retail and medicine, the industrial revolution 4.0 brings many advances and breakthroughs. This advance combines the physical, digital and biological worlds that create both opportunity and threat. Does the same thing happen to the legal system? What peril does technology bring to the legal profession? Technology-driven change has been playing an important role in the development of legal services all around the globe. It is being used with increasing frequency to improve speed and efficiency in the legal process. In the US, an example of technology-driven influence is e-discovery. Instead of conducting direct meetings to investigate the facts of a case through the rules of civil procedure manually, technology has enabled the use of e-discovery. Pages 201 to 210

 

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Protection of Intellectual Property Rights in the Maintenance and Preservation of Traditional Knowledge against the Economics of the Community

Irfan Ardiansyaha, aSekolah Tinggi Fakultas Hukum Persada Bunda JL. Diponegoro, No.42, Simpang Empat, 28116, Suka Mulia, Kec. Sail, Kota Pekanbaru, Riau, Email: aiirfanardiansyahh@gmail.com

Traditional knowledge is the cultural heritage that gave unreal treasure to Indonesia. Traditional knowledge can be utilised economically for the betterment and prosperity of society. The research method used is normative juridical with analytical descriptive specification. Indonesia's efforts in protecting intellectual property on traditional knowledge in Indonesia is that the Indonesian government is preparing a draft of the law on Traditional Knowledge and Traditional Cultural Expression. Other efforts that can be done through the inventory or documentation of traditional knowledge in a region is by publishing the traditional knowledge as widely as possible. The factors behind traditional knowledge that have not been used optimally as economic resources are the lack of public knowledge about the protection of traditional knowledge and the high cost of producing intellectual property. The prospect of protecting Intellectual Property Rights on traditional knowledge will not be carried out either because of the differences in character between traditional knowledge and Intellectual Property Rights. For economic development, if the protection is optimally carried out, it will become a potential income and community empowerment which ultimately gives prosperity to the community. Pages 211 to 226

 

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Application of Minimum Wages of Workers: based on the Government Regulation of the Republic of Indonesia No. 78 of 2015 about Wage

Lidia Febriantia, Thamrin. Sa, aFaculty of Law, Universitas Islam Riau, Email: afebriantilidia15@law.uir.ac.id

One of the safeguards in labour matters is the proper wage for workers. Because wages are the goal of workers in doing work. Every activity carried out by workers contains aspects of social relations, legal relations, and relations between organisations that give rise to rights and obligations; these are carried out based on the values contained in Pancasila. To realise an income that fulfils a decent living for humanity and protection of wages, setting minimum wages and imposing fines is required. The Government has established Government Regulation No. 78 of 2015 concerning wages. Therefore, the focus of this research is: First, the application of workers in review of Government Regulation of the Republic of Indonesia Number 78 Year 2015 regarding wages; and, second, inhibiting factors for minimum wages to the Government Regulation of the Republic of Indonesia Number 78 Year 2015 Regarding Wages. This type of research is a normative legal research that is based on mere secondary data. Pages 227 to 236