scholarly journals MEKANISME PENYELESAIAN PERKARA PERSELISIHAN HUBUNGAN INDUSTRIAL DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI KLAS IA SAMARINDA

2018 ◽  
Vol 10 (1) ◽  
pp. 50
Author(s):  
Maryanto Maryanto ◽  
Wahyuni Safitri
Keyword(s):  
Social Life ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Civil Procedure ◽  
Legal Entity ◽  
Operational Procedure ◽  
Legal Problems ◽  
Legal Standing ◽  
Operational Level ◽  
Legal Subjects

The relation between legal subjects such as person or legal entity in a case, frequently generates dispute. Along with the complexity of social life, then, the more parties are involved in the dispute, the wider scope of the dispute case. One of the concerned dispute in the society is Industrial Relations Disputes that become the competence of Industrial Relations Court. Since 2015, The Act No. 2/2004 about Industrial Relations Dispute Settlement has enforced effectively, it still has many weaknesses, wether from practical or regulation aspects. The legal problems of its Act cause the settlement of Industrial Relations Dispute become less effective and efficient, also hamper the principle of constante justitite (principle of rapid, fair and easy trial). The research concluded that the practical/operational level of the Judges Panel in examining and adjudicating the cases of Industrial Relations Dispute in Industrial Relations Court of Samarinda, which tend to apply the general civil procedure law, from the examination of legal standing of the parties, exception, interlocutory decision, replik, duplik, writen proof, the witnesses, experts/professional witnesses, conclusion and verdict. This procedures only prolong the examination and trial process to settle the case of Industrial Relations Dispute. Therefore, the SOP (Standard Operational Procedure) of the settlement of Industrial Relations Dispute cannot be well-implemented yet as the mandate of the law. 

MEKANISME PENYELESAIAN PERKARA PERSELISIHAN HUBUNGAN INDUSTRIAL DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI KLAS IA SAMARINDA

2020 ◽  
Vol 10 (1) ◽  
pp. 50
Author(s):  
Maryanto Maryanto ◽  
Wahyuni Safitri
Keyword(s):  
Social Life ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Civil Procedure ◽  
Legal Entity ◽  
Operational Procedure ◽  
Legal Problems ◽  
Legal Standing ◽  
Operational Level ◽  
Legal Subjects

The relation between legal subjects such as person or legal entity in a case, frequently generates dispute. Along with the complexity of social life, then, the more parties are involved in the dispute, the wider scope of the dispute case. One of the concerned dispute in the society is Industrial Relations Disputes that become the competence of Industrial Relations Court. Since 2015, The Act No. 2/2004 about Industrial Relations Dispute Settlement has enforced effectively, it still has many weaknesses, wether from practical or regulation aspects. The legal problems of its Act cause the settlement of Industrial Relations Dispute become less effective and efficient, also hamper the principle of constante justitite (principle of rapid, fair and easy trial). The research concluded that the practical/operational level of the Judges Panel in examining and adjudicating the cases of Industrial Relations Dispute in Industrial Relations Court of Samarinda, which tend to apply the general civil procedure law, from the examination of legal standing of the parties, exception, interlocutory decision, replik, duplik, writen proof, the witnesses, experts/professional witnesses, conclusion and verdict. This procedures only prolong the examination and trial process to settle the case of Industrial Relations Dispute. Therefore, the SOP (Standard Operational Procedure) of the settlement of Industrial Relations Dispute cannot be well-implemented yet as the mandate of the law. 

scholarly journals Penyelesaian Perselisihan Hubungan Industrial melalui Putusan Perdamaian di Pengadilan Hubungan Industrial Pengadilan Negeri Padang Kelas I (A)

2020 ◽  
Vol 6 (1) ◽  
pp. 35
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona ◽  
Efa Laela Fakhriah
Keyword(s):  
Dispute Settlement ◽  
Low Cost ◽  
Legal Aspect ◽  
Industrial Relations ◽  
Civil Procedure ◽  
District Court ◽  
Employment Service ◽  
The Past ◽  
Laws And Regulations ◽  
Legal Force

Industrial relations disputes can be resolved through court (litigation) and out of court (non litigation) as stipulated in Law Number 2 of 2016 concerning Industrial Relations Dispute Settlement (PPHI). From the formal legal aspect governing the settlement of industrial relations disputes is the Law Civil Procedure that applies in the General Court, which is usually complicated and long. Usually for litigation at the District Court level, at least the workers/litigants must meet for 8 to 10 days. Padang District Court in the IA Class in order to achieve the principle of Civil Procedure Law Fast, Simple and Low Cost made a breakthrough with the success in bringing a decision on peace in industrial relations disputes in the past 4 years. The author is interested whether this Peace ruling does not contradict Article 4 of PERMA Number 1 of 2016 and does not confl ict with statutory regulations and has permanent legal force. The method used in this research is normative juridical analysis of facts that exist systematically. The results of the research and discussion showed that Article 4 of PERMA Number 1 of 2016 is doubly meaningful, so that the Peace Decision in the Padang District Court of Class IA is not in confl ict with the laws and regulations and has permanent legal force. The factors causing peace in the Padang Industrial Relations Court, namely Article 4 PERMA Number 1 of 2016 has a double meaning, so that the Padang Industrial Relations Court refers to Article 130 HIR, there is pressure on the bipartite process, mediation in the employment service is less than optimal, the parties those who disputed want peace to be carried out in the industrial relations court, the panel of judges considered that disputes were very possible to be carried out peacefully, and to reduce the accumulation of cases in the court.

scholarly journals Kesaksian Perempuan: Benarkah Separuh Laki-Laki?

2009 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Lia Aliyah Al-Himmah
Keyword(s):  
Women's Rights ◽  
Social Life ◽  
Public Affairs ◽  
Seventh Century ◽  
Women’S Rights ◽  
Legal Capacity ◽  
Legal Entity ◽  
Women Witnesses ◽  
Legal Subjects ◽  
To Receive

The fact that the Qur'an explicitly mentions about women as witnesses, and have the rights to receive inheritance is in itself a revolutionary advancement steps promoted by Islam for women's rights in the era. This means that the Qur'an acknowledges and recognizes not only women as individuals but also women's legal capacity and rights in social life, ideas that have never been observed by Arabian society of the seventh century. In this era women were denied access to inheritance, even they were seen as parts of objects of inheritance. Islam has radically changed this tradition by elevating women to be autonomous subjects of legal entity. Although the Chapter of Al-Baqarah verse 282 mentions about the necessity to have two women witnesses to replace one male witness, this should not mean that women are inherently inferior than men in terms of their capacity and rights to legal engangement. But we should see the spiritual message of this revolutionary offer provided by the Qur'an, that women can act as witnesses in business, in public affairs. Nowadays women have achieved and showed their intellectual and social capacity to be autonomous legal subjects, therefore the paper suggests that women can be witnesses in any businesses as far as they are knowledgable about the issues.

scholarly journals LEGAL RECONSTRUCTION OF IMPLEMENTATION LEGALLY BINDING VERDICT IN INDUSTRIAL RELATIONS COURT

2020 ◽  
Vol 9 (1) ◽  
pp. 99
Author(s):  
Sri Gilang Muhammad Sultan Rahma Putra
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Legal Research ◽  
Historical Approach ◽  
Research Results ◽  
Legal Problems ◽  
Normative Perspective

The existence of industrial relations courts until now still can not provide adequate legal protection to justice seekers. This article begins with the existing legal problems in the form of not implemented legally binding of industrial relations court verdicts. The unapplied verdicts have resulted in the exclusion of the rights of justice seekers. This paper identifies the problem related to normative perspective and provide solutions through legal reconstruction from the normative view. Then, the problems are examined using normative legal research methods based on statute approach and historical approach as well as case approach. By examining several research results it is known that the legal vacuum which regulates sanctions against those who do not intend to enforce industrial relations court rulings that have legal force still need to be addressed immediately to guarantee the rights of the seekers of justice in the industrial relations court. This paper recommends to establish a Supreme Court Regulation on the implementation of institutional force on industrial relations disputes cases and the need for amendment of Law Number 2 Year 2004 on Industrial Relations Dispute Settlement.

The Stockpile Thesis and Industrial Relations at Kambalda

1986 ◽  
Vol 28 (3) ◽  
pp. 353-366
Author(s):  
Helen Lang
Keyword(s):  
Recent Work ◽  
Social Life ◽  
Industrial Relations ◽  
Mining Town ◽  
Close Relationship ◽  
Nickel Mining ◽  
Industrial Disputes ◽  
Strategic Variable ◽  
Consensual Approach

Some recent work on industrial relations in the Australian minirtg industry has focused on a close relationship between the incidence of strikes and the stockpiling of the mineral mined. It is argued that when demand for a mineral falls and the stockpile grows, management can afford the disruption to production caused by strikes. Hence management will take action to provoke strikes by introducing changes in work practices it knows will be opposed by unionists. Not only are the unions more likely to be defeated, but the company concerned is also able to reduce the size of its stockpile of ore. A case-study of the nickel-mining centre of Kambalda in Western Australia suggests that the size of the stockpile isfar less relevant when management and unions have a consensual approach to industrial relations. The stockpile is a strategic variable rather than a cause of industrial disputes. Whether the stockpile is manipulated as part of management's strategy will depend on innumerable, interdependent factors, including the organization of social life in a mining town and whether effective co operative relations develop between managers and unions.

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

scholarly journals Eksekusi Putusan Pengadilan Hubungan Industrial: Beberapa Catatan Masukan RUU Hukum Acara Perdata

2018 ◽  
Vol 1 (3) ◽  
pp. 345-350
Author(s):  
Dwi Maryono ◽  
Muhamad Azhar
Keyword(s):  
Industrial Relations ◽  
Civil Procedure ◽  
Court Decisions

Abstract This paper aims to describe the existence of the decisions of the industrial relations court, especially related to the execution of the decisions of the industrial relations court. This article only elaborates on the empirical issues that have become the problem in carrying out the execution of the decisions of the industrial relations court. The interim findings show that efforts must be made to provide space for the execution of the industrial relations court. So far, the execution of barren industrial relations court decisions has not been implemented. One reason is the lack of regulation on the procedure for the execution of industrial relations court decisions in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes. The solution is left to the execution procedure at Herzien Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (Rbg). Keywords: Decision Execution, Industrial Relations Court, Indonesian Civil Procedure  Abstrak Tulisan ini bertujuan untuk menguraikan keberadaan putusan pengadilan hubungan industrial, khusunya terkait dengan eksekusi putusan pengadilan hubungan industrial. Tulisan ini hanya menguraikan sekilan permasalahan empiris yang menjadi kendalam dalam melaksanakan eksekusi putusan pengadilan hubungan industrial. Hasil temuan sementara menunjukan bahwa harus ada upaya untuk memberikan ruang bagi pelaksanaan eksekusi pengadilan hubungan industrial. Selama ini eksekusi putusan  pengadilan hubungan industrial mandul, tidak dapat dilaksanakan. Salah satu penyebabnya adalah tidak adanya pengaturan tata cara eksekusi putusan pengadilan hubungan industrial dalam Undang Undang Nomor 2 tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial. Penyelesaiannya diserahkan kepada tatacara eksekusi pada Herzien Inlandsch Reglement (HIR) dan Rechtsreglement voor de Buitengewesten (Rbg). Kata Kunci: Eksekusi Putusan, Pengadilan Hubungan Industrial, RUU Hukum Acara Perdata

scholarly journals SIDANG PEMERIKSAAN SETEMPAT PADA PERADILAN HUBUNGAN INDUSTRIAL DALAM PELAKSANAAN ASAS PERADILAN CEPAT TEPAT ADIL DAN MURAH

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Holyness Singadimeja ◽  
Sherly Ayuna Puteri
Keyword(s):  
Industrial Relations ◽  
Civil Procedure ◽  
Time Limit ◽  
Procedural Law ◽  
Civil Proceeding ◽  
Case Site

Basically, the procedural law of industrial relations court is quite similar to civil procedure apply in ordinary court. Article 57 of Law No. 2 of 2004 states that the procedural law apply in industrial relations court is civil procedure apply in ordinary court, unless particularly provided in Law No. 2 of 2004. It means that Law No. 2 of 2004 is lex specialis of HIR, RBg, or Rv. Site examination often held in civil proceeding to obtain certain evidence and make clear the case. Unfortunately, in industrial relations case, site examination may lead to obstacles for the judges and the parties, mostly for the employees, since the time limit to solve the case and the costs that should be paid by the parties.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals Analisa Dan Pengaruh Metode Hubungan Industrial Terhadap Penyelesaian Perselisihan Di Serikat Pekerja Sektoral Kota Cilegon Tahun 2019

2020 ◽  
Vol 14 (2) ◽  
pp. 91-100
Author(s):  
Udi Iswadi ◽  
Mahfudoh Haerani
Keyword(s):  
Dispute Resolution ◽  
Trade Unions ◽  
Dispute Settlement ◽  
Mutual Influence ◽  
Alternative Hypothesis ◽  
Industrial Relations ◽  
Internal And External Factors ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
The City

Abstrak - Hubungan merupakan tindakan yang saling mempengaruhi antar pihak, saling memberi manfaat guna mencapai tujuan, hubungan dapat dikatakan pula sebuah representasi kegiatan yang dilandasi keinginan untuk saling memberi dan memenuhi keperluan masing-masing pihak. Keselarasan akan timbal balik pada sebuah hubungan yang sesuai menghasilkan kedekatan dan kenyamanan antar pihak. Konsep sebuah hubungan didasari oleh faktor internal dan eksternal organisasi atau perusahaan. Sedangkan hubungan yang terjadi dalam perusahaan yaitu hubungan Industrial, dimaknai sebuah metode dalam menyelesaikan persoalan yang timbul di antara pengusaha dan pekerjanya. Hal yang diselesaikan sudah barang tentu adalah perselisihan. Pelaksanaan metode penelitian dalam pengumpulan data berupa kuesioner. Jumlah populasi yang digunakan yaitu 35 serikat pekerja atau dengan jumlah pekerja sebanyak 5.860 pekerja sebagai populasi dari serikat pekerja sektoral yang tergabung dengan Federasi Serikat Pekerja Sektoral Kimia di kota Cilegon. Untuk mengetahui bagaimana metode hubungan Industrial yang efektif dipakai maka harus ditentukan jenis perselisihannya terlebih dahulu, dalam penelitian ini ditemukan perselisihan kepentingan kecenderungannya akan diselesaikan ditingkat hubungan Industrial bipatride. Adapun perselisihan yang banyak diselesaikan peneliti melihat waktu kejadiannya seperti perselisihan upah maka akan banyak muncul di awal tahun. Sedangkan untuk melihat seberapa kuat korelasi yang didapat antara Variabel Metode Hubungan Industrial terhadap Penyelesaian Perselisihan, maka hasil perhitungan Uji Korelasi Product Moment r hitung 0,920, dapat dikatakan bahwa pengaruhnya Sangat Kuat. Hal tersebut menunjukkan bahwa variabel Metode Hubungan Industrial mempengaruhi variabel Penyelesaian Perselisihan sebesar 84,6% sedangkan sisanya dipengaruhi oleh faktor-faktor lainnya. Nilai Sig. 0,000 < 0,05, diartikan bahwa pengaruh Variabel Metode Hubungan Industrial (X) terhadap Penyelesaian Perselisihan (Y) signifikan. Dari perhitungan ttabel diperoleh nilai 1,987. Berdasarkan kriteria pengujian hipotesis terhadap nol (Ho), yaitu Ho ditolak jika thitung > ttabel. Diperoleh thitung  5,458 > ttabel 1,987 maka Hipotesis nol (Ho) di tolak, dan menerima Hipotesis alternatif (Ha). Dalam penelitian ini dapat ditarik kesimpulan bahwa “Terdapat Pengaruh Metode Hubungan Industrial terhadap Penyelesaian Perselisihan di Serikat Pekerja Sektoral Kimia Kota Cilegon Tahun 2019”. Dengan regresi sebagai berikut : Ÿ = 20,710 + 1,010 X.      Abstract - Relationship is an act of mutual influence between parties, mutually beneficial to achieve goals, the relationship can also be said to be a representation of activities based on the desire to give and meet the needs of each party. Alignment of reciprocity in an appropriate relationship results in closeness and comfort between parties. The concept of a relationship is based on internal and external factors of the organization or company. While the relationships that occur within a company that is industrial relations, is interpreted as a method of solving problems that arise between employers and their workers. The matter that was resolved was naturally a dispute. The implementation of research methods in collecting data in the form of a questionnaire. The population used is 35 trade unions or with a total of 5,860 workers as a population of sectoral trade unions that are members of the Federation of Chemical Sector Trade Unions in the city of Cilegon. For know, how effective industrial relations methods are used, the type of dispute must be determined first. In this study, it was found that disputes over the interests of fraud will be resolved at the bipartite industrial relations level. As for the disputes that many researchers have resolved, seeing when it occurs, such as wage disputes, many will appear at the beginning of the year. To see how strong the correlation obtained between the Industrial Relations Method Variables on Dispute Resolution, the results of the Product Moment Correlation Test r count of 0.920, it can be said that the effect is very Strong. This shows that the Industrial Relations Method variable affected 84.6% Dispute Resolution while the rest was influenced by other factors. The Sig. 0,000 <0.05, which means that the effect of the Industrial Relations Method Variable (X) on Dispute Settlement (Y) is significant. From the ttable calculation, the value is 1.987. Based on the hypothesis testing criteria for zero (Ho), i.e. Ho is rejected if tcount> ttable. Obtained tcount 5.458> t table 1.987 then the null hypothesis (Ho) was rejected, and accepted the alternative hypothesis (Ha). In this study, it can be concluded that "There is an Effect of the Industrial Relations Method on the Settlement of Disputes in the Chemical Sectoral Trade Unions of Cilegon City in 2019". With the regression as follows: Ÿ = 20,710 + 1,010 X.

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