Hukum dan Kearifan Lokal Dalam Penyelesaian Perselisihan Hubungan Industrial

2021 ◽  
Vol 13 (1) ◽  
pp. 115-138
Author(s):  
Ashadi L. Diab ◽  
Iskandar Iskandar
Keyword(s):  
Legal System ◽  
Industrial Relations ◽  
District Court ◽  
Legal Institutions ◽  
Legal Change ◽  
Legal Certainty ◽  
Department Of Labor ◽  
Difference Of Opinion

This study discusses how is the implementation of industrial relations resolution through the industrial relations court in the Kendari District Court? Is the local wisdom-based approach capable of providing legal certainty to both parties? To what extent is the District Court's efforts to resolve disputes through a local wisdom approach?In this study, the author uses the theory of legal change and the legal system and the theory of conflict. The results of the study indicate that the settlement of industrial relations disputes is a difference of opinion which results in conflicts between employers or a combination of employers and workers / laborers.                 In order to resolve industrial relations disputes, it can be done in two ways. First, through the pathway outside the industrial relations court, which includes mediation, conciliation, bipatrite and arbitration based on local wisdom. The second is through the industrial relations court.             The local wisdom-based approach is very able to provide legal certainty through out-of-court channels, but the place to process through local wisdom is not yet adequate or there is no proper Regional Regulation that regulates it, especially in Kendari, Southeast Sulawesi. So that if there is a Regional Regulation, it is easier for the Department of Labor to process based on the applicable rules that are compounds with local wisdom. The efforts of the District Court in resolving disputes through a local wisdom approach. A number of facts show that cases handled by legal institutions before the birth of Law No. 13 of 2003 and Law No. 2 of 2004, not fully resolved. With the birth of the two laws mentioned above, most of the shortcomings as previously happened can be overcome

scholarly journals PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

2018 ◽  
Vol 1 (1) ◽  
pp. 89-99
Author(s):  
Rustan Sinaga
Keyword(s):  
Legal Status ◽  
Industrial Relations ◽  
Court Decision ◽  
District Court ◽  
Legal Certainty ◽  
Library Research ◽  
Empirical Law ◽  
Approach Method ◽  
Settlement Of Disputes

Termination of employment has a very complex impact and tends to cause disputes between employers and workers. in various laws and regulations, mechanisms and procedures for termination of employment have been regulated with the aim that both businessman and workers can maintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning Industrial Relations Disput, the handling of employment disputes is the authority of the Industrial Relations Court at the local District Court. in addition to the judicial route (litigation) the settlement of disputes over termination of employment can also be settled outside the court (non litigation).In this study the author will focus on the settlement through justice (litigation). the issues discussed in this paper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Termination of Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties. in Writing this thesis the author uses the research of empirical law with normative juridical approach method supported by empirical juridical approach. Legal material collection techniques are carried out by means of library research and field research.The role of the Industrial Relations Court in the Padang Class IA  Court, has resolved the case brought by the justice seekers to them, thereby granting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations Dispute Settlement.The implementation of the Industrial Relations Court Decision by the Parties has not been carried out optimally in according to the PHI decision in the Padang Class IA District Court, because there are no strict sanctions against disobedience of the parties who did not carry out the decision, namely the employer as the convicted party to carry out the PHI decision in the Padang Class IA District Court. Therefore, against those who do not comply with the ruling IRC, should be subject to strict sanctions in the form of temporary revocation of business licenses, and government needs to make regulations to regulate the sanctions against parties who do not comply with the ruling of the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the General Courts in general.

PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

2018 ◽  
Vol 1 (2) ◽  
pp. 360-379
Author(s):  
Rustan Sinaga
Keyword(s):  
Dispute Settlement ◽  
Industrial Relations ◽  
District Court ◽  
Legal Certainty ◽  
Applicable Law ◽  
Local District

After the enactment of Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the implication of handling disputes disputes becomes the authority of the Industrial Relations Court at the local District Court. In addition to the court (litigation) settlement disputes termination disputes may also be settled out of court (non litigation). The Industrial Relations Court at the IA District Court handled several termination matters. In this study the authors will focus on the settlement through the judiciary (litigation). The problems discussed in this paper is the Role of Industrial Relations Court in Providing Legal Certainty to Termination of Employment Case (PHK) and Implementation of Decision. This study is juridical normative. Based on this research the authors draw the conclusion that the Industrial Relations Court has not played a role in Giving Legal Certainty to Termination Employment Case. The Industrial Relations Court only performs its role in accordance with applicable law. Implementation of the PHI's decision that the losing party tended to file a cassation appeal. Parties that have not / do not want to implement the contents of the decision of the IRC are caused by the absence of sanctions in Law Number 13 Year 2003 concerning Manpower and Law Number 2 Year 2004 on Industrial Relations Dispute Settlement.

scholarly journals REKONSTRUKSI PEMERIKSAAN PERKARA DI PENGADILAN HUBUNGAN INDUSTRIAL BERBASIS NILAI CEPAT, ADIL DAN MURAH

2016 ◽  
Vol 3 (1) ◽  
pp. 39
Author(s):  
Hono Sejati
Keyword(s):  
Industrial Relations ◽  
District Court ◽  
Legal Certainty ◽  
Analysis Method ◽  
Interactive Analysis ◽  
A Value ◽  
Lack Of Control ◽  
Industrial Disputes ◽  
Court Proceedings ◽  
Settlement Of Disputes

Judge’s decision should reflect the moral justice, social justice, and legal justice, the judge must hear the testimony of the parties, in order to produce a verdict worth of truth, honesty and has a value of fast, fair and cheap. In industrial disputes, the issue is how the dispute is resolved, in order to provide legal certainty based on values   of justice for both workers and employers. Some issues examined in this study were (1) Why the Industrial Relations Court proceedings currently not fast, fair and cheap? (2) what barriers that happens in the proceedings in the Industrial Relations Court today that has not been fast, fair and cheap? How is the reconstruction proceedings in the Industrial Relations Court based the value of fast, fair and cheap? The research used sociological juridical approach. Data collection techniques were done by using interview, observation and documentation. Data were analyzed using interactive analysis method. Results of this study conclude that (1) Examination of the Industrial Relations Court has fast, fair, and inexpensive. It is caused by differences in terms of filing a lawsuit in which the provisions of civil law. In the case of filing a lawsuit on his nervous at the district court in the area where the defendant place residence or domicile (Article 118 HIR / Article 142 RBg, whereas in Article 81 of Law No. 2 of 2004 stipulates that industrial relations disputes lawsuit in the District Court jurisdiction covers the workers / laborers. From these provisions, no factor sequititrum forum rei is known to be abandoned. Forming the Act does not provide an explanation of the application of the principle of a lawsuit filed in the workers / laborers. (2) The obstacles that occur in examinations litigation industrial relations are: filing a lawsuit, calling longer because the place stay defendant outside the jurisdiction of the courts located or the defendant has died, the company that has no operations or directors have left Indonesia, as well as the lack of control of the board Unions / Labour as the holder of the power which is actually not a graduate or undergraduate law will hinder the investigation because the process examination the judge must be active members of the advice and knowledge of proceedings. (3) Reconstruction of the court proceedings in industrial relations is based on the value of fast, fair, and inexpensive which is done by consensus as the settlement of disputes in the Industrial Relations Court.

scholarly journals KONSISTENSI PENGADILAN NEGERI DALAM MEMUTUSKAN WANPRESTASI DALAM PERJANJIAN KERJA (PUTUSAN KASASI NOMOR 1706/PDT/2013 DAN PUTUSAN KASASI NOMOR 322/PDT.G/2015/PN.JKT.TIM)

2018 ◽  
Vol 1 (1) ◽  
pp. 711
Author(s):  
Yusmita Sari ◽  
Stanislaus Atalim
Keyword(s):  
Industrial Relation ◽  
Industrial Relations ◽  
State Courts ◽  
District Court ◽  
Appellate Court ◽  
Legal Certainty ◽  
Legal Research ◽  
Know How ◽  
Employment Agreement ◽  
Actual Decision

A working relationship between the employers with workers or labourers often inconsistent like what to expected, so often cause of disputes. The purpose of this journal is to know how the Consistency of the District Court in Deciding Default in the Employment Agreement based on concideration and decisions from judge of verdict of appeal number 1706/PDT/2013 and verdict of appeal number 322/Pdt.G/2015/PN.Jkt.Tim. This study is a normative legal research methods supported by some interview is expected to help answer the problem of this research. the result of this study are : first the service bond agreement can not be equalized with the employment agreement. because they both agreements have different elements.  the service bond agreement is an ordinary civil agreements, not regulated by law no 13 of 2003 about employment.second, Industrial relation court is a special court in general court. They both have a difference of authority. Industrial relations courts are authorized to adjudicate disputes from employment agreements while state courts are authorized to adjudicate disputes from service bond agreements. Appellate court as the highest court of the country must prioritize justice and legal certainty and must explicitly decide on the actual decision.

scholarly journals PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

2019 ◽  
Author(s):  
IYAH FANIYAH
Keyword(s):  
Legal Status ◽  
Industrial Relations ◽  
Court Decision ◽  
District Court ◽  
Legal Certainty ◽  
Local District ◽  
Library Research ◽  
Empirical Law ◽  
Laws And Regulations

Termination of employment has a very complex impact and tends to cause disputes betweenemployers and workers. in various laws and regulations, mechanisms and procedures fortermination of employment have been regulated with the aim that both businessman and workers canmaintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning IndustrialRelations Disput, the handling of employment disputes is the authority of the Industrial RelationsCourt at the local District Court. in addition to the judicial route (litigation) the settlement ofdisputes over termination of employment can also be settled outside the court (non litigation).In thisstudy the author will focus on the settlement through justice (litigation). the issues discussed in thispaper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Terminationof Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties.in Writing this thesis the author uses the research of empirical law with normative juridical approachmethod supported by empirical juridical approach. Legal material collection techniques are carriedout by means of library research and field research.The role of the Industrial Relations Court in thePadang Class IA Court, has resolved the case brought by the justice seekers to them, therebygranting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations DisputeSettlement.The implementation of the Industrial Relations Court Decision by the Parties has not beencarried out optimally in according to the PHI decision in the Padang Class IA District Court,because there are no strict sanctions against disobedience of the parties who did not carry out thedecision, namely the employer as the convicted party to carry out the PHI decision in the PadangClass IA District Court. Therefore, against those who do not comply with the ruling IRC, should besubject to strict sanctions in the form of temporary revocation of business licenses, and governmentneeds to make regulations to regulate the sanctions against parties who do not comply with the rulingof the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the GeneralCourts in general.

The Curious Case of School Prayer: Political Entrepreneurship and the Resilience of Legal Institutions

2012 ◽  
Vol 5 (2) ◽  
pp. 394-418 ◽  
Author(s):  
Bradley D. Hays
Keyword(s):  
Religious Practice ◽  
Entrepreneurial Activity ◽  
Legal Institutions ◽  
Legal Change ◽  
Conservative Movement ◽  
School Prayer ◽  
Equal Access Act ◽  
The Public Sphere ◽  
Entrepreneurial Activities ◽  
Reagan Era

AbstractSchool prayer represents a curiosity of Reagan era politics. Reagan and the social conservative movement secured numerous successes in accommodating religious practice and faith in the public sphere. Yet, when it came to restoring voluntary school prayer, conservatives never succeeded in securing the judicial victory that they sought despite conditions that seemingly favored change. Herein, we attempt to reconcile Reagan era successes with Reagan era failures by exploring Reagan's entrepreneurial activity to affect both the demand (i.e., judges) and supply (i.e., litigants) side of legal change. Identifying Reagan's entrepreneurial activities in his attempt to alter national social policy reveals the resilience of legal institutions to presidential and partisan regimes. Reagan's efforts to change national school prayer policy gained some measure of legislative success by securing the Equal Access Act but it failed to garner a change in school prayer jurisprudence. We conclude by noting that the difficulty of influencing both the demand and supply side of legal change in a timely manner and its implication for reconstructing policy through the courts.

Competitive Jurisdictions of Local Administration Authorities and Notaries for the Certification Purposes in Montenegro

2021 ◽  
Vol 19 (3) ◽  
pp. 439-459
Author(s):  
Velibor Korać
Keyword(s):  
Legal System ◽  
Public Interest ◽  
Local Administration ◽  
Legal Certainty ◽  
Public Authorities ◽  
Political Reason

With the adoption of the new Law on Certification of Signatures, Manuscripts and Transcripts the Montenegrin legislator did not take into account the fact of introducing the notary services into the legal system of Montenegro. Unlike most of the comparative legislations, certification of signatures, transcripts and manuscripts have not been transferred to the exclusive competence of notaries, but a competitive competence of notaries, local administration authorities and the courts in carrying out these assignments has been retained. Further retention of competitive jurisdiction in this matter is not justified any more. The analysis of this decision has shown that it leads to an unequal position, depending on the authority before which the certification is performed, whereas the obligations and professional competences of officials and notaries are different. Notarial certifications contribute to greater legal certainty and besides are more available to the citizens and not more expensive. Parallel jurisdiction is not a standard of notarial services in European continental law which has adopted the Latin model of notary as a independent profession having public authorities. This solution does not lead to building a legal certainty, protection of public interest and relieving the work of courts and administrative authorities, which has been the underlying legal political reason for introducing notariat.

scholarly journals Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG)

2021 ◽  
Vol 2 (1) ◽  
pp. 88-92
Author(s):  
I Kadek Leo Byasama Wijaya ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspautari Ujianti
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Peace Agreement ◽  
Real Situation ◽  
Trial Process ◽  
Legal Power ◽  
Legal Problems ◽  
Surrounding Environment ◽  
Difference Of Opinion ◽  
Joint Property

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

scholarly journals Rasisme dan Penerapan Pasal Makar terhadap Kebebasan Ekspresi Politik Papua

2021 ◽  
Vol 4 (1) ◽  
pp. 49-80
Author(s):  
Herlambang P. Wiratraman
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Criminal Code ◽  
District Court ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Freedom Of Association ◽  
Political Expression ◽  
Ratio Decidendi ◽  
The Republic

Freedom of political expression has not been fully guaranteed in the Indonesian legal system. One of the most prominent in the legal debate is the matter of treason (makar) charges against political expressions of self-determination. In the case of Papua, many Papuans have been detained, criminalised, and even killed because of their political expression. Interestingly, the Constitutional Court, through its decision Number 7/PUU-XV/2017, provided guidance in its ‘ratio decidendi’ argument, specifically the interpretation of treason phrases in the Criminal Code. Interpretation is given by the Constitutional Court after seeing the reality that law enforcement has been arbitrarily abused by the application of the treason article. This is contrary to the freedom of association, opinion and expression, as guaranteed in the 1945 Constitution of the Republic of Indonesia. This article discusses how the application of the phrase treason in law enforcement, especially in connection with the conviction of many Papuans after the Surabaya anti-racism rallies in September 2019. A number of district court decisions on dozens of convicted Papuans show that the legal system that guarantees freedom of political expression has not changed much and law enforcement in fact emphasises the position of racial discrimination and is far below the standard of human rights law. Abstrak Kebebasan ekspresi politik belum sepenuhnya dijamin dalam sistem hukum Indonesia. Salah satu yang paling mengemuka dalam perdebatan hukum adalah soal tuduhan makar terhadap ekspresi politik menentukan nasib sendiri. Dalam kasus Papua, tidak sedikit jumlah warga Papua yang ditahan, dikriminalkan, hingga tewas terbunuh karena soal ekspresi politiknya. Menariknya, Mahkamah Konstitusi melalui putusannya Nomor 7/PUU-XV/2017 memberikan panduan dalam argumen ratio decidendinya, khusus interpretasi frasa makar dalam Kitab-Undang-Undang Hukum Pidana. Penafsiran diberikan oleh Mahkamah Konstitusi setelah melihat realitas penegakan hukum telah banyak disalahgunakan penerapan pasal makar. Hal demikian bertentangan dengan kebebasan berkumpul, berpendapat dan berekspresi, sebagaimana dijamin dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Artikel ini membahas bagaimana penerapan frasa makar dalam penegakan hukumnya, khususnya berkaitan dengan dipidananya banyak warga Papua setelah aksi anti rasisme Surabaya pada September 2019. Sejumlah putusan pengadilan negeri atas puluhan warga Papua yang dipidana tersebut memperlihatkan sistem hukum yang menjamin kebebasan ekspresi politik tidak banyak berubah dan penegakan hukum justru menegaskan posisi diskriminasi rasial serta jauh dari standar hukum hak asasi manusia.

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