Papers by Suwarsit Suwarsit
International Journal of Advanced Multidisciplinary Research, 2022
Dispute resolution through international arbitration has many advantages, one of which is the exp... more Dispute resolution through international arbitration has many advantages, one of which is the expertise of the arbitrator so that dispute resolution through international arbitration can attract foreign investors to do business in the recipient country such as Indonesia. The problem is that foreign investment in Indonesia through mining law has been nationalized by requiring foreign investment to be divested. For this matter, it is important to find a solutionto the problem of how International Arbitration can be an instrument for resolving foreign investment disputes in Indonesia so that foreign investment parties know and have the opportunity to resolve their disputes at the International Arbitration Institute. The results of the study show that international arbitration can be an alternative instrument for resolving foreign investment disputes in Indonesia if there is a dispute in the investment sector between the Government and foreign investors which is agreed upon by the parties, both the Indonesian Government and the Foreign Investment Party.
The Review of Contemporary Scientific and Academic Studies , 2022
Divestment that has occurred in Sudan and America can be considered privatized because the State ... more Divestment that has occurred in Sudan and America can be considered privatized because the State as the owner of capital reduces ownership of capital in their business ventures by divesting their shares. In Indonesia, the divestment is carried out for nationalized shares in foreign companies in the mineral and coal mining sector. This research aims to find the nationalization of shares by divestment in Indonesia. The results of the research show that mineral and coal mining natural resources are in state power which is not only recognized in Indonesian National Law but also in international law. Nationalization in the investment law of Indonesia is further regulated in the Act, while the Law on Indonesia's Mineral and Coal Mining has required foreign capital to divest. Dealing with this, foreign investment companies with ownership of shares in the company more than fifty percent are required to divest to the Indonesian side.
Journal of Legal, Ethical and Regulatory Issues , 2022
State Sovereignty is used to make the rule of law in which the law is an incarnation of the will ... more State Sovereignty is used to make the rule of law in which the law is an incarnation of the will of the state. The law on the divestment of foreign shares of mineral and coal mining stipulated in Law No. 4 of 2009 concerning Mineral and Coal Mining, is considered insufficient to accommodate issues related to divestment, while Law No. 4 of 2009 on Mineral and Coal Mining, has now undergone changes with the issuance of Law No. 3 of 2020 on Mineral and Coal Mining. This study aims to find the regulation and sovereignty of the country against the divestment of foreign stocks after a change in mineral and coal mining laws. The research method uses normative legal research, with a statutory approach. The results showed that the country's sovereignty over the divestment of foreign shares is not only regulated in mining law but also regulated in investment law. State sovereignty over the divestment of foreign shares after a change in mineral and coal mining law is stipulated in Article 112 of Law No. 3 of 2020 concerning Mineral and Coal Mining and its implementing regulations, while the arrangement of submission of offers can be made by business entities holding Mining Business Licence (IUP Production Operations), Operation Production Special Mining Business Licence (IUPK Production Operations), Contact of Work (KK) and Coal Mining Concession Work Agreement (PKP2B). There is no time limit to apply the obligation to divest the first shares for foreign investment. The Indonesian party must provide an offer answer with a period of no later than 30 calendar days. Evaluation and negotiation of divestment share prices is conducted by independent assessors and the formation of divestment teams, while the share price of divestment is calculated using a comparison of market data and discounted cash flow.
Pandecta: Research Law Journal, 2022
Article 154 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal ... more Article 154 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining has regulated dispute resolution through domestic courts and arbitration. In fact, the dispute resolution such as the divestment cases of PT Newmont Nusa Tenggara and PT Kaltim Prima Coal was settled at the International Arbitration Institute. Furthermore, the resolution of the dispute over the divestment of mineral and coal mining shares against PT Newmont Nusa Tenggara and PT Kaltim Prima Coal through the International Arbitration Institute was accepted and some were rejected. The purpose of this research is to find the settlement of mineral and coal mining disputes and the implementation of international arbitration decisions. This research is important in the background that dispute resolution is not only carried out through national arbitration. The results of the study show that the settlement of mineral and coal mining disputes made by mining business actors with the Indonesian Government, both Contracts of Work and Coal Mining Concession Work Agreements, dispute resolution is carried out through International Arbitration institutions, while the implementation of international Arbitration decisions must meet several conditions, one of which is the decision is handed down. by an arbitrator or arbitral tribunal in a country with the Indonesian state bound by agreements, both bilaterally and multilaterally.
The construction work force is one part of the national development undertaken in the deve... more The construction work force is one part of the national development undertaken in the development of Indonesia fully human and the development of Indonesian society to realize a society that is prosperous, just, prosperous, equitable material and spiritual, based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 . development of the employment sector as part of the development of human resources is one part that is integral to national development as the Pancasila, and the implementation of the Act of 1945, aimed at improving the dignity, dignity, and human capabilities, as well as self-confidence in order to realize a society prosperous, just, and prosperous both materially and spiritually. In the implementation of national development, labor has a role and a very important position as actors and development objectives. In accordance with the role and position of labor, manpower development is required to improve the quality of employment and participation in the development and improvement of the protection of workers and their families in accordance with human dignity.
The protection of labor is intended to guarantee the basic rights of workers / laborers and ensure equality of opportunity and treatment without discrimination on any ground for the welfare of workers / laborers and their families with regard to the progress of the business world. One of the manifestations of the increase in value and dignity to the workers / laborers are protection of the rights of workers / laborers either agreed in the Employment Agreement and set forth in the Company Regulations or Collective Labor Agreement.
Especially with regard to employment agreements, rights and obligations of workers / laborers with employers on a reciprocal basis is already detailed in the Employment Agreement and Collective Labor Agreement. Despite clear and detailed and explicit, but sometimes they often lead towards an industrial dispute.
Industrial relations is a system of relationships formed between the actors in the production process of goods and / or services consisting of elements of the employer, workers and governments that are based on the values of Pancasila and the 1945 Constitution of industrial relations is a balance between the objectives and the interests of workers and employers in the process of production of goods and services in an enterprise. This means that workers and employers individually and collectively have a purpose and a common responsibility, because the success of industrial relations, both workers and employers would benefit both individually and within the organization.
From the point of legal history, the nation entered a phase marked by the development of the welfare state laws that protect the weaker party. At this time the state started to pay attention to include labor protection, consumer protection, protection of small businesses and environmental protection. Act relating to the protection of the various parties to correct for industrialization which is not always a benefit to all segments of society. Besides, the intense competition in the labor market and a severe economic crisis makes the workers did not have the courage to fight for the improvement of their fate. Capital always move to where there is cheap labor and enforcement of labor laws are lenient. This is the need to reform labor law.
According to Zainal Asikin, the legal protection of workers from the employer's ability fulfilled if the regulations in the areas of labor that require or compel employers to act like in the legislation is properly applied all parties for the enforceability of the law can not be measured by juridical alone but measured sosilogis and philosophical , The significance of the legal enforceability sociologically can be interpreted that the law always keep pace with changes in society (law in action), while the legal enforceability of the philosophical meaning that the law should be able to provide fairness, certainty and benefits for society in accordance with the purpose of the law itself.
Implementation of industrial relations in the company are always influenced by the dynamics of the community so that the implementation is always facing challenges and obstacles and the effect on conditions of employment which changes from time to time. Broadly speaking, the problems that occur in the employment relationship affected the industrial relations, among others, include technical understanding of legislation in the area of industrial relations on the nature of the employment relationship, the problems of labor agreements on which the issuance of a working relationship that is set on the rights and obligations of the parties, the use of a particular time work agreement for all kinds of jobs and the trend of using contract workers, and remediation efforts working requirements set forth in the normative provisions.
In Article 50 of Law Number 13 Year 2003 on Manpower (hereinafter Labor Law) explained that the employment relationship occurs because of the labor agreements between employers and workers. Both workers and employers alike have an important role in working relationships with each other and can not be separated. Workers as owners of power, skill, and expertise needed work to make ends meet, while the entrepreneur as the owner of capital requires manpower to run the production process. In this case the necessary reciprocity in harmony in order to create synergies to drive the economy.
Furthermore, in Article 56 of the Labor Law states that agreements made for a certain time or for an unspecified time. A work agreement for a specified time (hereinafter referred to PKWT) is based on the time period or the completion of a particular job. A work agreement for a specified time can only be made for specific jobs by type and nature of the job will be completed within a specified time. However, based on the facts on the ground show there are still many companies that do not implement the provisions contained in the Labor Law.
In the field of employment concerning the subject of labor relations, there are still many conflicts of interest among workers / laborers with employers mutually defend their own opinion as the system of contract labor (PKWT), determining the amount of the minimum wage, social security, which until now the classic problem can not be solved properly.
That's necessary role for government to address the issue of labor / employment through various legislations. It is intended to provide legal protection of the rights and obligations of employers and employees / workers. If the relationship between workers and employers is still left entirely to the parties (workers and employers), then the purpose of labor law to create social justice in the field of labor will be very difficult to achieve, because of the strong will always want to dominate the weaker side (homo homoni lupus ).
In this dissertation the author will examine and analyze the terms and implementation of the Employment Agreement Specific Time (PKWT) pursuant to Act No. 13 of 2003 on Labour in Arta Boga Cemerlang PT Jakarta, a company engaged in the distribution of consumer goods. Arta Boga Cemerlang PT Jakarta held a work agreement for a specified time by the workers who will be hired as Sales Promo / Merchandiser (mode) which will care for and displaying items in the outlet area of Jakarta, Bogor, Depok, Tangerang and Serang. The working relationship with PKWT this has caused harm to workers, because the position of workers (mode) were weak and simply resigned themselves accept the terms and conditions that have been created by the company as stipulated in the standard contract. This resulted in a weak legal protection against contract workers.
Kontribusiku bagi Bangsa yang sudah saya lakukan menurutku adalah hanya sekedar membantu menarik ... more Kontribusiku bagi Bangsa yang sudah saya lakukan menurutku adalah hanya sekedar membantu menarik minat anak sekolah untuk bekerja menjadi prajurit TNI. Karena Pekerjaan TNI adalah suatu pilihan, tugas suci, kebanggaan dan suatu kehormatan, karena sebagai penjaga kedaulatan Negara serta merupakan wujud pengabdian dan rasa cinta terhadap Negara dan bangsa NKRI. Makai dari itu besar harapan saya penerus generasi
Sukses terbesar dalam hidupku yang sudah aku raih menurutku ada dua hal, pertama kesuksesanku di ... more Sukses terbesar dalam hidupku yang sudah aku raih menurutku ada dua hal, pertama kesuksesanku di bidang olahraga tinju, yaitu saya telah mendapatkan juara 3 dalam
Suwarsit 1220922102 MAGISTER HUKUM UPN "VETERAN" JAKARTA 2013 BAB I PENDAHULUAN 1.1. Latar Belaka... more Suwarsit 1220922102 MAGISTER HUKUM UPN "VETERAN" JAKARTA 2013 BAB I PENDAHULUAN 1.1. Latar Belakang Masalah
Hukum mempunyai fungsi untuk memberikan perlindungan terhadap kepentingan manusia (seluruh manusi... more Hukum mempunyai fungsi untuk memberikan perlindungan terhadap kepentingan manusia (seluruh manusia tanpa terkecuali). Oleh karena itu maka hukum harus dilaksanakan agar kepentingan manusia tersebut dapat terlindungi. Dalam pelaksanaannya, hukum dapat berlangsung secara normal dan damai, akan tetapi dapat juga terjadi pelanggaran-pelanggaran hukum dalam prakteknya. Dalam hal ini hukum yang telah dilanggar itu harus ditegakkan. Melalui penegakan hukum inilah hukum ini menjadi kenyataan. Dalam menegakkan hukum ada tiga unsur yang selalu harus diperhatikan : kepastian hukum (Rechtssicherheit), kemanfaatan (Zweckmassigkeit) dan keadilan (Gerechtigkeit). Hukum harus dilaksanakan dan ditegakkan. Setiap orang mengharapkan dapat ditetapkannya hukum dalam hal terjadi peristiwa konkrit. Bagaimana hukumnya itulah yang harus berlaku "fiat justitia et pereat mundus" (meskipun dunia ini runtuh hukum harus ditegakkan). Itulah yang diinginkan oleh kepastian hukum. Masyarakat mengharapkan adanya kepastian hukum. Karena dengan adanya kepastian hukum masyarakat akan lebih tertib. Sebaliknya masyarakat mengharapkan manfaat dalam pelaksanaan atau penegakan hukum. Masyarakat sangat berkepentingan bahwa dalam pelaksanaan atau penegakan hukum, keadilan diperhatikan. Dalam pelaksanaan atau penegakan hukum harus adil.
Drafts by Suwarsit Suwarsit
PART I PRELIMINARY 1. Background Issues With the rapid findings of the banking system, making fin... more PART I PRELIMINARY 1. Background Issues With the rapid findings of the banking system, making financial transactions directed to the use of money as a commodity that is not shaped concretely (intangible money). The use of money is not cash in economic transactions already recognized is limited to the 18th century, at the commencement of the evolution of the banking system, the process giralisasi and so forth. Banks are always required to be professional in order to function efficiently. healthy and facing global competition. In the era of globalization, the development of science and technology advanced rapidly. It also occurs in the banking system, with banks required to adapt, to the development of these technologies to serve its customers well. Credit cards are a form of modern transactions that are not in cash. Although the existence of credit cards is not intended to remove completely the system of payment by using cash or checks, but mainly for the payment activities of day to day with a mid-level payment amount, then the existence of a credit card can actually shift the role of money in cash or checks. For payments that are not secondary level, it is the use of credit cards is still not popular. Because, for small transactions, people tend to use cash, while for large transactions, the choice fell on the means to pay the check or other securities. The credit card is a tool shaped cards issued by banks and can be used for a wide variety of financial teransaksi. Credit cards are awarded to the holder to be able to be used as means of payment in many places have entered into a collaboration with the issuer of the card. Credit cards, in addition to functioning as a means of payment can also serve as a tool ligitimasi for someone whose name is entered in the respective card until the identity is exactly right to use the facilities provided by the credit card in question. The public need to use credit cards to meet economic activity showed a very rapid development from year to year. In line with the increasing use of credit cards as a payment instrument, the security level of technology, both card security and the security of the system used to process transactions using a payment instrument with a credit card, needs to be improved in order to use the card as a payment instrument can continue to run safely and smoothly.
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Papers by Suwarsit Suwarsit
The protection of labor is intended to guarantee the basic rights of workers / laborers and ensure equality of opportunity and treatment without discrimination on any ground for the welfare of workers / laborers and their families with regard to the progress of the business world. One of the manifestations of the increase in value and dignity to the workers / laborers are protection of the rights of workers / laborers either agreed in the Employment Agreement and set forth in the Company Regulations or Collective Labor Agreement.
Especially with regard to employment agreements, rights and obligations of workers / laborers with employers on a reciprocal basis is already detailed in the Employment Agreement and Collective Labor Agreement. Despite clear and detailed and explicit, but sometimes they often lead towards an industrial dispute.
Industrial relations is a system of relationships formed between the actors in the production process of goods and / or services consisting of elements of the employer, workers and governments that are based on the values of Pancasila and the 1945 Constitution of industrial relations is a balance between the objectives and the interests of workers and employers in the process of production of goods and services in an enterprise. This means that workers and employers individually and collectively have a purpose and a common responsibility, because the success of industrial relations, both workers and employers would benefit both individually and within the organization.
From the point of legal history, the nation entered a phase marked by the development of the welfare state laws that protect the weaker party. At this time the state started to pay attention to include labor protection, consumer protection, protection of small businesses and environmental protection. Act relating to the protection of the various parties to correct for industrialization which is not always a benefit to all segments of society. Besides, the intense competition in the labor market and a severe economic crisis makes the workers did not have the courage to fight for the improvement of their fate. Capital always move to where there is cheap labor and enforcement of labor laws are lenient. This is the need to reform labor law.
According to Zainal Asikin, the legal protection of workers from the employer's ability fulfilled if the regulations in the areas of labor that require or compel employers to act like in the legislation is properly applied all parties for the enforceability of the law can not be measured by juridical alone but measured sosilogis and philosophical , The significance of the legal enforceability sociologically can be interpreted that the law always keep pace with changes in society (law in action), while the legal enforceability of the philosophical meaning that the law should be able to provide fairness, certainty and benefits for society in accordance with the purpose of the law itself.
Implementation of industrial relations in the company are always influenced by the dynamics of the community so that the implementation is always facing challenges and obstacles and the effect on conditions of employment which changes from time to time. Broadly speaking, the problems that occur in the employment relationship affected the industrial relations, among others, include technical understanding of legislation in the area of industrial relations on the nature of the employment relationship, the problems of labor agreements on which the issuance of a working relationship that is set on the rights and obligations of the parties, the use of a particular time work agreement for all kinds of jobs and the trend of using contract workers, and remediation efforts working requirements set forth in the normative provisions.
In Article 50 of Law Number 13 Year 2003 on Manpower (hereinafter Labor Law) explained that the employment relationship occurs because of the labor agreements between employers and workers. Both workers and employers alike have an important role in working relationships with each other and can not be separated. Workers as owners of power, skill, and expertise needed work to make ends meet, while the entrepreneur as the owner of capital requires manpower to run the production process. In this case the necessary reciprocity in harmony in order to create synergies to drive the economy.
Furthermore, in Article 56 of the Labor Law states that agreements made for a certain time or for an unspecified time. A work agreement for a specified time (hereinafter referred to PKWT) is based on the time period or the completion of a particular job. A work agreement for a specified time can only be made for specific jobs by type and nature of the job will be completed within a specified time. However, based on the facts on the ground show there are still many companies that do not implement the provisions contained in the Labor Law.
In the field of employment concerning the subject of labor relations, there are still many conflicts of interest among workers / laborers with employers mutually defend their own opinion as the system of contract labor (PKWT), determining the amount of the minimum wage, social security, which until now the classic problem can not be solved properly.
That's necessary role for government to address the issue of labor / employment through various legislations. It is intended to provide legal protection of the rights and obligations of employers and employees / workers. If the relationship between workers and employers is still left entirely to the parties (workers and employers), then the purpose of labor law to create social justice in the field of labor will be very difficult to achieve, because of the strong will always want to dominate the weaker side (homo homoni lupus ).
In this dissertation the author will examine and analyze the terms and implementation of the Employment Agreement Specific Time (PKWT) pursuant to Act No. 13 of 2003 on Labour in Arta Boga Cemerlang PT Jakarta, a company engaged in the distribution of consumer goods. Arta Boga Cemerlang PT Jakarta held a work agreement for a specified time by the workers who will be hired as Sales Promo / Merchandiser (mode) which will care for and displaying items in the outlet area of Jakarta, Bogor, Depok, Tangerang and Serang. The working relationship with PKWT this has caused harm to workers, because the position of workers (mode) were weak and simply resigned themselves accept the terms and conditions that have been created by the company as stipulated in the standard contract. This resulted in a weak legal protection against contract workers.
Drafts by Suwarsit Suwarsit
The protection of labor is intended to guarantee the basic rights of workers / laborers and ensure equality of opportunity and treatment without discrimination on any ground for the welfare of workers / laborers and their families with regard to the progress of the business world. One of the manifestations of the increase in value and dignity to the workers / laborers are protection of the rights of workers / laborers either agreed in the Employment Agreement and set forth in the Company Regulations or Collective Labor Agreement.
Especially with regard to employment agreements, rights and obligations of workers / laborers with employers on a reciprocal basis is already detailed in the Employment Agreement and Collective Labor Agreement. Despite clear and detailed and explicit, but sometimes they often lead towards an industrial dispute.
Industrial relations is a system of relationships formed between the actors in the production process of goods and / or services consisting of elements of the employer, workers and governments that are based on the values of Pancasila and the 1945 Constitution of industrial relations is a balance between the objectives and the interests of workers and employers in the process of production of goods and services in an enterprise. This means that workers and employers individually and collectively have a purpose and a common responsibility, because the success of industrial relations, both workers and employers would benefit both individually and within the organization.
From the point of legal history, the nation entered a phase marked by the development of the welfare state laws that protect the weaker party. At this time the state started to pay attention to include labor protection, consumer protection, protection of small businesses and environmental protection. Act relating to the protection of the various parties to correct for industrialization which is not always a benefit to all segments of society. Besides, the intense competition in the labor market and a severe economic crisis makes the workers did not have the courage to fight for the improvement of their fate. Capital always move to where there is cheap labor and enforcement of labor laws are lenient. This is the need to reform labor law.
According to Zainal Asikin, the legal protection of workers from the employer's ability fulfilled if the regulations in the areas of labor that require or compel employers to act like in the legislation is properly applied all parties for the enforceability of the law can not be measured by juridical alone but measured sosilogis and philosophical , The significance of the legal enforceability sociologically can be interpreted that the law always keep pace with changes in society (law in action), while the legal enforceability of the philosophical meaning that the law should be able to provide fairness, certainty and benefits for society in accordance with the purpose of the law itself.
Implementation of industrial relations in the company are always influenced by the dynamics of the community so that the implementation is always facing challenges and obstacles and the effect on conditions of employment which changes from time to time. Broadly speaking, the problems that occur in the employment relationship affected the industrial relations, among others, include technical understanding of legislation in the area of industrial relations on the nature of the employment relationship, the problems of labor agreements on which the issuance of a working relationship that is set on the rights and obligations of the parties, the use of a particular time work agreement for all kinds of jobs and the trend of using contract workers, and remediation efforts working requirements set forth in the normative provisions.
In Article 50 of Law Number 13 Year 2003 on Manpower (hereinafter Labor Law) explained that the employment relationship occurs because of the labor agreements between employers and workers. Both workers and employers alike have an important role in working relationships with each other and can not be separated. Workers as owners of power, skill, and expertise needed work to make ends meet, while the entrepreneur as the owner of capital requires manpower to run the production process. In this case the necessary reciprocity in harmony in order to create synergies to drive the economy.
Furthermore, in Article 56 of the Labor Law states that agreements made for a certain time or for an unspecified time. A work agreement for a specified time (hereinafter referred to PKWT) is based on the time period or the completion of a particular job. A work agreement for a specified time can only be made for specific jobs by type and nature of the job will be completed within a specified time. However, based on the facts on the ground show there are still many companies that do not implement the provisions contained in the Labor Law.
In the field of employment concerning the subject of labor relations, there are still many conflicts of interest among workers / laborers with employers mutually defend their own opinion as the system of contract labor (PKWT), determining the amount of the minimum wage, social security, which until now the classic problem can not be solved properly.
That's necessary role for government to address the issue of labor / employment through various legislations. It is intended to provide legal protection of the rights and obligations of employers and employees / workers. If the relationship between workers and employers is still left entirely to the parties (workers and employers), then the purpose of labor law to create social justice in the field of labor will be very difficult to achieve, because of the strong will always want to dominate the weaker side (homo homoni lupus ).
In this dissertation the author will examine and analyze the terms and implementation of the Employment Agreement Specific Time (PKWT) pursuant to Act No. 13 of 2003 on Labour in Arta Boga Cemerlang PT Jakarta, a company engaged in the distribution of consumer goods. Arta Boga Cemerlang PT Jakarta held a work agreement for a specified time by the workers who will be hired as Sales Promo / Merchandiser (mode) which will care for and displaying items in the outlet area of Jakarta, Bogor, Depok, Tangerang and Serang. The working relationship with PKWT this has caused harm to workers, because the position of workers (mode) were weak and simply resigned themselves accept the terms and conditions that have been created by the company as stipulated in the standard contract. This resulted in a weak legal protection against contract workers.