PERAN AGENCY DALAM MEMBERIKAN PERLINDUNGAN
HUKUM TERHADAP WANITA YANG BEKERJA SEBAGAI
SALES PROMOTION GIRL (SPG) YANG MENJADI KORBAN
PERBUATAN TIDAK MENYENANGKAN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
KUSUMA NINGRUM, DIAJENG
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2015-11-04 08:05:26
Abstract :
The purpose of this research is to know and gain the data on the role of agency in providing legal protection toward women who work as Sales Promotion Girl (SPG) which become the victim of unpleasant act from the perspective of civil law and to know and gain data on the shape of legal protection which is provided toward women who work as Sales Promotion Girl (SPG) which become the victim of unpleasant act from the perspective of criminal law. Methods which were used in this research are firstly the type of this research is normative legal research, focused on the positive legal norms by the shape of legislations. This writing used normative legal research by using secondary data as primary data. Primary Legal Materials were vertically systematized by using subsumption and horizontally was conducted by non contradictive legal reasoning. Legal principles in this research used legal principles of Lex Speciali Derogat Legi Generali, thus it valid the Law Number 7 of 1984 on the Validation of Convention concerning on the Eliminating of Any Forms of Discrimination Toward Women. Analysis was conducted by secondary legal materials which seeking for any similarities, differences, or even the opinion from the source persons. At last, it was compared between primary legal materials to secondary legal materials. The taking conclusion was conducted by deductive process. The result of this research is the role of agency in providing legal protection toward Sales Promotion Girl (SPG) from the perspective of Civil Code is in the shape of working agreement. However in fact, it had not protected women as workers. By the reason that if it should be perceived on the attitude of SPG. The shape of legal protection which is provided toward Sales Promotion Girl (SPG) from the perspective of Criminal Law is sentenced in the Criminal Code in Article 335, Article 281 to Article 296 and the Law Number 13 of 2003 on Workers relating to the unclear contents of working agreement which will bring any impact on Criminal Law. This unclearness is related to the working time to the Sales Promotion Girl (SPG) which had not been managed.
The purpose of this research is to know and gain the data on the role of agency in providing legal protection toward women who work as Sales Promotion Girl (SPG) which become the victim of unpleasant act from the perspective of civil law and to know and gain data on the shape of legal protection which is provided toward women who work as Sales Promotion Girl (SPG) which become the victim of unpleasant act from the perspective of criminal law. Methods which were used in this research are firstly the type of this research is normative legal research, focused on the positive legal norms by the shape of legislations. This writing used normative legal research by using secondary data as primary data. Primary Legal Materials were vertically systematized by using subsumption and horizontally was conducted by non contradictive legal reasoning. Legal principles in this research used legal principles of Lex Speciali Derogat Legi Generali, thus it valid the Law Number 7 of 1984 on the Validation of Convention concerning on the Eliminating of Any Forms of Discrimination Toward Women. Analysis was conducted by secondary legal materials which seeking for any similarities, differences, or even the opinion from the source persons. At last, it was compared between primary legal materials to secondary legal materials. The taking conclusion was conducted by deductive process. The result of this research is the role of agency in providing legal protection toward Sales Promotion Girl (SPG) from the perspective of Civil Code is in the shape of working agreement. However in fact, it had not protected women as workers. By the reason that if it should be perceived on the attitude of SPG. The shape of legal protection which is provided toward Sales Promotion Girl (SPG) from the perspective of Criminal Law is sentenced in the Criminal Code in Article 335, Article 281 to Article 296 and the Law Number 13 of 2003 on Workers relating to the unclear contents of working agreement which will bring any impact on Criminal Law. This unclearness is related to the working time to the Sales Promotion Girl (SPG) which had not been managed.
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