INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

JURIDICAL ANALYSIS OF OUTSOURCED WORKERS BASED ON LAW NUMBER 6 OF 2023 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 2 OF 2022 ON JOB CREATION INTO LAW

NDINTA HERRY PRAMANA — 2024-10-21

This research discusses the juridical analysis of outsourced workers in light of Law No. 6 of 2023 on Job Creation Stipulating Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law. This study aims to determine the regulation of outsourced workers after the issuance of the 2023 Job Creation Law and whether the regulation is able to protect and fulfil the rights of outsourced workers from the exploitation of employers that continues to occur in Indonesia today. This research uses qualitative research with normative legal research methods. The data sources used are primary data in the form of laws and government regulations of the Republic of Indonesia that are currently in force, and secondary data consisting of books, journals and websites. The results of this research can be concluded that in Law Number 13 of 2003 on Manpower, several provisions have been amended by Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law, including provisions relating to outsourced labour. Based on the old comparison between the Manpower Law and the Job Creation Law, it is worth noting that the Job Creation Law has also caused controversy, especially in relation to labour protection. Some provisions, such as those relating to the type of work, working time, and severance pay, are considered to reduce protection for outsourced labour. In addition, the Job Creation Law No. 6 of 2023 regulates the protection of workers from social security, working days and hours, time and holidays, wages and benefits, and provisions for termination of employment. However, in the event of discrepancies experienced by outsourced workers, they can take non-litigation legal action such as bipartite, mediation, conciliation, or arbitration

LEGAL CERTAINTY REGARDING COLLECTION RELATED TO GUARANTEES IN TERMS OF MOTOR VEHICLE FINANCING BASED ON OJK REGULATION NO. 22 OF 2023

Kevin Agatha Purba — 2024-11-01

One form of law that has a real and important role in people's lives is contract law. The term "contract" is called "overeenkomst" in Dutch and "agreement/agreement" in English. An agreement is defined in Article 1313 of the Civil Code, which states "An agreement is an act by which one or more people bind themselves to one or more other people". Contract law can be said to be a law that is formed when someone promises something to another person. In this case, both parties have agreed to enter into an agreement without any enforcement or decision by only one party. The type of research is normative legal research. Normative law, there are several approaches in this legal study. In this approach, the authors receive information from various aspects of the problem they want to find answers to. Conclusion: Restructuring of motorcycle consumer protection agreements in financial companies. In essence, Regulation 22/2023 was issued to further strengthen consumer protection in the financial services sector by facilitating coordination of PUJK internal control. In this case, the new framework is expected to guarantee.

LEGAL ANALYSIS OF THE POSITION OF THE SERVICE BOND AGREEMENT BETWEEN THE COMPANY AND EMPLOYEES (CASE STUDY OF BREACH OF PERFORMANCE LAWSUIT OF PT FL TECHNICS INDONESIA AGAINST INDRA KURNIAWAN IN THE DECISION OF THE TANGGERANG DISTRICT COURT NUMBER 1000/PD

C. FATWA ADDY KURNIAWAN — 2024-10-21

The tort case between PT FL Technics Indonesia and Indra Kurniawan centered on the violation of the service bond agreement that had been agreed by both parties. Based on this agreement, the company provided an opportunity for employees to attend training courses, with the obligation for employees to undergo service bonds according to a predetermined duration. However, the employee violated his obligation by resigning before completing the service bond period, resulting in an obligation for the employee to reimburse the training costs incurred by the company. This research uses a normative approach, which aims to analyze legal aspects based on relevant regulations and documents. The data sources used consist of primary, secondary, and tertiary legal materials, as well as primary data as support. The qualitative juridical analysis method is used to assess the collected data. In this case, the service bond agreement is not considered a work agreement, so disputes arising related to this agreement fall under the jurisdiction of the District Court, not the industrial relations court. Based on the Tangerang District Court Decision Number 1000/PDT.G/2023/PN TNG, Indra Kurniawan was proven to have committed a default, which requires him to be responsible for the breach of obligations arising from the agreement

LEGAL IMPLICATIONS OF POJK No. 22/2023 ON THE CREDIT COLLECTION PROCESS BY POJK IN INDONESIA

Ngueken Tarigan — 2024-11-01

This is where the financing company (leasing) manages the purchase of motor vehicles on credit. The financing company (leasing) is tasked with making a credit agreement containing payment provisions, interest, late fines, tenor, and default clauses. Also, each vehicle is registered as a fiduciary guarantee which is civilly a unit when the payment has not been paid in full by the debtor, the motorcycle unit is an object of fiduciary guarantee controlled by the creditor (leasing) The approach method used in this study uses a juridical-empirical approach. The juridical approach is used to analyze various laws and regulations governing credit. While the empirical approach is used to analyze law as a rule that is not merely normative, but law can see in the lives of people who always interact and relate to aspects of community life. The meeting of these two interests is what can make cession can be used as an alternative solution to solving problematic credit where each party will equally benefit whether from the debtor, creditor or cessionary side. The cessionary has a very important role where when the cessionary can bring together the interests of the old creditors and the debtor, the problematic credit can be resolved easily. As a new creditor, the cessionary can mediate with the debtor to find a middle ground for resolving the problem of bad credit.

JURIDICAL REVIEW OF DEFECTS MADE BY PT. PERHUTANI (PERSERO) IN THE PURCHASE OF THE BUILDING OWNED BY PT. VISI INVESTAMA PROPERTI (CASE STUDY OF SOUTH JAKARTA DISTRICT COURT DECISION NUMBER 735/PDT.GL202LLPN.JKT.SEL. JO JAKARTA HIGH COURT DECISION NUMBER26

Febrian Pratama — 2024-10-29

Basically, an agreement will go well if the parties to the agreement are based on good faith, but if one party does not have good faith or does not carry out their obligations, a breach of contract will arise. A breach of contract is a condition where the debtor does not fulfill his/her performance obligations in the agreement or does not fulfill them as they should or as they should In carrying out its business activities, a Limited Liability Company cannot be separated from agreement matters, one of which is PT. Visi Investama Properti, that PT. Visi Investama Properti as the owner of the Zuria Tower Building has an agreement to sell the Building to PT. Perhutani (Persero) then the agreement is stated in a deed of agreement. The main issue of the case is regarding the breach of promise (breach of contract) committed by PT. Perhutani (Persero) in carrying out the fulfillment of legal obligations in connection with the payment of the purchase of the Zuria Tower Building which has not been paid as stated in the Decision of the South Jakarta District Court Decision Number 735/PDT.GL202LLPN.JKT.SEL. Jo Jakarta High Court Decision Number 266/PDT/2023/PT DKI Jo. Supreme Court Cassation Decision Number 1755 K/PDT/2024. The method used in this study is normative research conducted as an effort to obtain the necessary data in connection with the problem. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. In addition, primary data is also used as supporting secondary data legal materials. For data analysis, it is carried out using qualitative legal analysis methods. From the research results, it can be obtained results based on the consideration of the panel of judges PT Perhutani (Persero) Proven to have been negligent (breach of contract) to PT. Visi Investama Properti as stipulated in Article 3 of the deed of agreement No. 88 dated December 26, 2019 That the Legal Consequences for the Parties in the Court's Decision PT Perhutani (Persero) is obliged to pay the remaining fine for late payment of the purchase of the Zuria Tower Building amounting to Rp. 8,232,300,000, - (eight billion two hundred thirty-two million three hundred thousand rupiah)