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Irwan Joesoef
Universitas Pembangunan nasional Veteran Jakarta

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The Principle of Balance as an Instrument of Judicial Correction in the Collective Agreement on Industrial Relations Nurshoim Ramadhan Putra; Atik Winanti; Irwan Joesoef
Journal of Law Perspectives Review Vol. 2 No. 3 (2026): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i3.116

Abstract

A Settlement Agreement is one of the legal instruments for resolving industrial relations disputes and becomes legally binding after being registered with the Industrial Relations Court. In practice, however, not all Settlement Agreements are concluded through negotiations that reflect an equal bargaining position between the parties. The imbalance of bargaining power between employers and employees often gives rise to abuse of circumstances , which may affect the substantive validity of the agreement. This study aims to analyze the legal validity of Settlement Agreements resulting from unequal bargaining positions and to examine the role of the Principle of Balance as an instrument of judicial correction in industrial relations dispute resolution. This research employed a normative legal research method using both the statutory approach and the case approach. The legal materials consisted of primary, secondary, and tertiary legal sources collected through library research and analyzed using a qualitative prescriptive method. The findings indicate that the binding force of a Settlement Agreement is determined not only by the fulfillment of formal legal requirements but also by the substantive requirements stipulated in Article 1320 of the Indonesian Civil Code. A Settlement Agreement concluded under abuse of circumstances may lack substantive validity because it does not reflect genuine consent. The study further finds that the Principle of Balance serves as a legal basis for judges to exercise judicial correction by disregarding exploitative contractual clauses without invalidating the entire agreement. This approach provides greater protection for employees' statutory rights while maintaining legal certainty and promoting substantive justice in the settlement of industrial relations disputes
Agrarian Law Review Of Planting Area Expansion In Support Of The Food Self Sufficiency Program Sulthoni Ajie Sahidin; Atik Winanti; Irwan Joesoef
Journal of Law Perspectives Review Vol. 2 No. 3 (2026): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i3.121

Abstract

This study aims to analyze the regulation of agrarian law in supporting the program to expand planting areas as an effort to realize national food self-sufficiency, identify juridical obstacles in its implementation, and formulate a more effective strengthening of agrarian law policies. The research uses normative legal research methods with a statute approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively using prescriptive analysis methods. The results of the study show that the framework of Indonesian agrarian law, which is based on the Constitution of the Republic of Indonesia in 1945, Law Number 5 of 1960 concerning the Basic Regulations on Agrarian Principles, and Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, has provided an adequate legal basis for the implementation of the planting area expansion program. However, its implementation still faces various obstacles, including the conversion of agricultural land, land conflicts, the suboptimal use of abandoned land, weak institutional coordination, and disharmony of regulations across sectors. Strengthening agrarian law policies through agricultural land protection, optimization of agrarian reform, improving the quality of land administration, harmonizing regulations, and consistent law enforcement are strategic steps to create legal certainty and support the success of food self-sufficiency programs in a sustainable manner.
Co-Authors Atik Winanti Nurshoim Ramadhan Putra Sulthoni Ajie Sahidin