Mendapo: Journal of Administrative Law

Participation In Job Loss Security Program As Unemployment Benefit For Non-Wage Recipient Participant

Agusmidah Agusmidah, Vatar Reynaldo — Tue, 12 Mar 2024 00:00:00 +0700

The establishment of a Job Loss Security Program in The Stipulation of a Government Regulation instead of Law Number 2 Year 2022 concerning Job Creation protects workers who have experienced the severance of employment relationship. This form of protection, by International Labor Organization Convention 102 and Convention 168, is known as Unemployment Benefits. The Unemployment Benefit Scheme in Indonesia is implemented through the Job Loss Security Program. In its regulation under Article 45A of Law Number 50 Year 2004 concerning the National Social Security System in conjunction with the Job Creation Law, the Job Loss Security Program only provides benefit protection to workers who experience severance of employment, in other words, to workers with employment relationships who are Wage Recipients Participants in the BPJS membership. The protection of the Job Loss Security Program to non-wage recipient participants in BPJS membership, consisting of workers outside of employment relationships, is still not covered due to the limitation of beneficiary rules only to workers who experience severance of employment relationships. The research method used is a normative juridical method with a descriptive nature. This study shows that the existing regulations only provide partial protection. Countries such as Denmark, Spain, Serbia, the People's Republic of China, and others have previously implemented mandatory or voluntary Unemployment Benefit schemes for non-employment relationship workers. In this study, these countries serve as a comparison for the Unemployment Benefit system between developed and developing countries that have implemented it beforehand. The Unemployment Benefit system previously applied to non-employment relationship workers in other countries is an opportunity for Indonesia to implement it as well. The urgency of Unemployment Benefits Social Security protection through the Unemployment Benefits Program is important as a form of state protection holistically.

Analysis of the Substance of Regional Regulation Policies Concerning Waste Management

Ahmad Zumar Syafiq — Mon, 01 Apr 2024 00:00:00 +0700

One of the regional regulations that emerged as a form of implementation of the mandate of Law Number 18 of 2008 is Regional Regulation Number 4 of 2017 concerning Waste Management issued by the Kudus Regency Government. This article aims to examine and assess the content of waste management policies in Kudus Regency. This is important to do considering that the success of a policy can be seen, one of the ways, from the contents of the policy. This article only focuses on the content of policy using Merilee S. Grindle's model, which consists of six aspects, namely: interests affected, type of benefits, extent of change envisions, site of decision making, program implementor, and resources committed. Types of normative juridical research with a statutory approach and a conceptual approach. The primary data source is the policy of Kudus Regency Regional Regulation Number 4 of 2017 concerning Waste Management, while the secondary data is in the form of journals related to waste management. The results of the analysis show that: the formation of regional regulations takes into account the physical, biological, social environment and juridical reasons (interest affected); the benefits of regional regulations are making the environment cleaner and healthier, as well as making people aware of the surrounding environment, more disciplined and more empowered in managing waste (type of benefits); the expected changes are improving environmental quality, improving public health, and changing people's mindset and behavior towards waste (extent of change envisions); the decision-making position is the Regional People's Representative Council (DPRD) of Kudus Regency with the joint approval of the Kudus Regent (site of decision making); implementing the policy, namely the Public Works Department (DPU) (program implementor); Policy resources consist of five components, namely man, materials, methods, machines, and money (committed resources).

Legal Analysis Of New Student Admission in Regional Zoning System in Indonesia

Winsherly Tan, Ampuan Situmeang, Kyushu Davina Shebiartha — Mon, 13 May 2024 00:00:00 +0700

Education is a vital human right that must be respected by all Indonesian people. Therefore, fair and equitable education must be provided to all levels of society. However, understanding the concept of "fairness" content of equal student citizenship is still up for dispute. Therefore, this article discusses the evaluation of New Students Accepting or Penerimaan Peserta Didik Baru (PPDB) with Regional Zoning System in Indonesia. The research method used is normative legal research in the form of analytical descriptive. Data was collected from primary and secondary sources, including primary, secondary and tertiary legal documents. This data was then analyzed qualitatively. The results of data analysis show that Minister of Education and Culture Regulation Number 44 of 2019 is unfair. This regulation prioritizes the closest location within the zoning area for middle and high school students. However, if the candidates come from the same range, then the selection is based on age, which is considered less important than the student's academic performance. Therefore, student learning achievement should be the main criterion after considering the distance from where they live. This article will discuss the need to reanalyze Law of the Minister of Education and Culture Number 44 of 2019. Factors such as student achievement must be emphasized more than their age in this process. Further efforts are needed to maintain the quality of education and increase awareness.

The Influence of The Job Copyright Law on The Welfare And Rights of Workers In Indonesia

Eka Ari Endrawati — Mon, 10 Jun 2024 00:00:00 +0700

The emergence of the Job Creation Law emerged as a government effort to increase economic efficiency and industrial competitiveness. This scientific article aims to critically analyze and evaluate the real influence of the implementation of the Job Creation Law on working conditions, welfare and protection of workers' rights in Indonesia. It is hoped that this scientific article will be able to carry out an in-depth evaluation of the impact of the Job Creation Law on the welfare and fulfillment of workers' rights in Indonesia in the context of changing labor laws. The approach used is descriptive qualitative, by collecting data through document studies and comparative analysis of similar cases in other countries, to assess the impact of the Job Creation Law on the welfare and rights of workers in Indonesia. The results of the analysis show that the Job Creation Law brings significant changes in labor regulations, but its impact on workers' welfare and rights tends to vary, with some aspects increasing efficiency and flexibility, while other aspects raise concerns about worker protection and work standards. The main conclusion from this research is that the Job Creation Law has had a complex impact on the employment environment in Indonesia, where there has been increased efficiency and flexibility for employers, but has also raised challenges and the need for increased protection for workers' rights. Therefore, further policy adjustments and developments are needed to ensure a balance between economic growth and worker welfare, as well as the fulfillment of fair and sustainable work standards. effective in making decisions.

Arrangements for Archive Depreciation to Improve Regional Government Performance in Perspective Legislation in Indonesia

Pebriana Wulandari, Syamsir, Kosariza — Wed, 19 Jun 2024 00:00:00 +0700

The aim of this research is to determine and analyze the arrangements for archival depreciation in order to improve the performance of local governments from a legislative perspective in Indonesia. This research uses normative juridical research methods. In this research, two research approaches were used, namely the statutory approach and the conceptual approach. The results of this research are Article 27 of Law Number 43 of 2009 concerning Archives and Article 12 of Government Regulation Number 28 of 2012 concerning Implementation of Law Number 43 of 2009 concerning Archives regulating procedures for depreciation of archives. However, there are differences between the two articles in terms of archive depreciation criteria. Article 27 of the Archives Law regulates that depreciation of archives is carried out based on the archive's use value. The use value of archives is the benefit obtained from archives for organizations or society. Meanwhile, Article 12 PP Archives regulates that archive depreciation is carried out based on the archive's use value and organizational needs. Organizational needs are the organization's need to use archives in carrying out its duties and functions. These differences in archive depreciation criteria can cause confusion and uncertainty for local governments in carrying out archive depreciation. Regional governments do not know which laws and regulations must be complied with in carrying out archive depreciation.

The Government Policy Strategy in Developing Tourism Villages Through Village-Owned Enterprises

Wed, 19 Jun 2024 00:00:00 +0700

In Indonesia, the tourism sector is one of the field that supported community economic wellbeing. Development of tourism involve not only national scale but also local government which is the village. Development of tourism could be achieved through Badan Usaha Milik Desa (BUMDES) which manifest in form of tourism village. However, there are several obstacles in the management of tourist villages implemented by BUMDES, including accessibility, difficulties in determining core BUMDES business activities, development strategies that only imitate trends, human resource factors and political factors. The development of tourist villages through BUMDES needs to pay attention to four important components including tourist attractions, availability of transportation, activities and tourist amenities.Based on this, the aim of this research is to explain how important it is to prepare a good planning program as stated in the regulations regarding Priority Use of Village Funds in 2023 based on Permendes Nomor 8 Tahun 2022 tentang Prioritas Penggunaan Dana Desa Tahun 2023. The method used in this research is Qualitative Descriptive, which focuses on the study of literature and legislation. The results of this Jurnal research show that there are the inhibiting factors that cause tourist villages managedby BUMDES to not run smoothly.