JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN

Desentralisasi Asimetris Dalam Mewujudkan Kesejahteraan Masyarakat Pada Daerah Otonomi Khusus Papua

Intan Herdanareswari — 2024-12-10

Abstract

This paper describes the understanding of decentralization that develops into asymmetrical decentralization in special regions that are given privileges by the state, in this case a special autonomous region which will then describe how decentralization in Indonesia towards the Papua special autonomous region related to the form and structure of local government. Asymmetric decentralization is unavoidable as a result of a country that has a special autonomous region because a region that cannot be equated with other regions, so special treatment is needed for local governments in developing the potential of the region. The results of this study show that decentralization is the transfer of authority from the central government to the regions, and asymmetric decentralization itself is the transfer of authority to regions that are special and different from other regions. One of the asymmetrical decentralization to the Papua region is in the form of a regional government system that is different from other regions, where Papua has governing bodies such as the Papuan People's Representative Council, Papuan People's Assembly, and Governor whose position is different from other government bodies.

Efektivitas Undang-Undang Tindak Pidana Korupsi Sebagai Alat Rekayasa Sosial

Andi Harunsyah Peter Noel Weenas — 2024-12-10

The rampant corrupt behaviour that occurs in Indonesia is an unfortunate irony to the integrity of the state and legal apparatus. The Corruption Act is supposed to be a guideline for a clean society that is free from fraudulent and corrupt behaviour. Ironically, the current reality proves that the existence of the Corruption Act is not strong enough to eradicate the chain of corruption. Corruption not only undermines state stability but also hinders national development. Furthermore, it is a violation of human rights and the fundamental values that underpin a nation. This article discusses the role of the Corruption Act as a tool of social engineering throughout society, with particular focus on its status as a written rule and in the context of law enforcement of the Act. Furthermore, the purpose of this research is to examine further the application of the Corruption Act from the aspect of substance in the community. Therefore, this research uses a normative juridical approach. Considering that the eradication of corruption is not something as simple as turning the palm of the hand, in the application of the law it is important to implement good collaboration between institutions and the society. Suggestions must be made to strengthen and tighten supervision in law enforcement, and social education for the community on the importance of having awareness of how destructive and destructive corrupt behaviour is.

Keabsahan Permohonan Pailit dan PKPU oleh Pekerja sebagai Alternatif Penyelesaian Kegagalan Pembayaran Upah

Fanny Gresta Nova — 2025-01-02

The increase in bankruptcy and The Suspension of Debt Payment Obligations (PKPU) cases in Indonesia occurs due to the failure to pay by the company, such as non-payment of debts to creditors or non-payment of workers' rights due to the company's declining financial situation. In addition, the increase in bankruptcy and The Suspension of Debt Payment Obligations cases is also supported by the requirements for filing bankruptcy applications which are very easy to fulfill. In the event that the debtor is a company, the applications for bankruptcy declaration can also be filed by workers because workers can be referred to as preferred creditors because wages and rights that have not been received by workers are debts that take precedence in payment. However, in relation to the failure to make payments by employers for wages or workers' rights, the applications for bankruptcy declaration by workers should be used as an ultimum remedium(the last resort), namely as a last resort for resolving the problem because if there is an industrial relations dispute between workers and company related to non-payment of wages or workers' rights, the state has provided legal remedies through the mechanism of Industrial Relations Dispute Settlement (PPHI). Based on this, the purpose of this paper is to find out whether the failure or inability of the company to make payments of wages or workers' rights can be resolved through the bankruptcy or The Suspension of Debt Payment Obligations instrument whereas as we know that rights disputes in labor disputes should be resolved through the Industrial Relations Dispute Resolution mechanism as stipulated in Law Number 2 of 2004 concerning Industrial Relations Dispute Resolution.