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Journal : Pembaharuan Hukum

BUILDING AN IDEAL INDUSTRIAL RELATIONSHIP IN INDONESIA POST-DECISION OF THE CONSTITUTIONAL COURT Nuridin, Nuridin; Hamzani, Achmad Irwan; Taufik, Mohammad; Khasanah, Nur
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.27467

Abstract

The terms of termination of employment due to gross misconduct by workers have been canceled. The ruler can no longer perform unilateral termination of employment. The determination of gross misconduct awaits the verdict of a court that has the force of law remains. The purpose of the study was to review the decision of the working relationship of gross misconduct after the decision of the Constitutional Court and to examine the working relationship between workers and the ideal ruler in the future. This study uses a philosophical approach, which is to examine the working relationships of workers and ideal rulers in the future. The results of this study showed that termination of employment among others because workers make severe mistakes that have the effect of not getting severance money and without any prior warning. The provision has been overturned by the Constitutional Court. Workers who commit gross misconduct must be proven first through criminal proceedings and there is a court ruling that has a fixed legal force. The pattern of worker and employer relationships is expected to create a mutually beneficial working relationship between the two parties in the future. The employment relationship of workers and employers is supposed to be a partnership relationship so that there is no discrimination, intimidation, and exploitation. Industrial relations ideally refers to Pancasila. With the source of Pancasila as a philosophical basis, and the 1945 Constitution all the rules of law governing Industrial Relations as its implementation. With this relationship, it is expected that the nuances of worker and employer relationships in the future can be harmonious, there is a positive syntactic relationship.
AN IMPLICATIONS OF THE DEBTOR'S DEFAULT ON THE EXECUTION OF TWO-WHEEL MOTORCYCLES WITHOUT A FIDUCIARY GUARANTEE CERTIFICATE Sanusi, Sanusi; Nuridin, Nuridin
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33598

Abstract

This research aims to explain to the public regarding fiduciary issues as well as the consequences that the finance company will receive if it assigns a debt collector forcibly withdrawing two-wheeled motorized vehicles without a fiduciary guarantee deed. This paper uses normative legal research with a statutory regulatory approach (Statuta Opproach). The results of this research show that the execution of the fiduciary guarantee object cannot be carried out whether they have a fiduciary guarantee deed or not, except based on the debtor's voluntariness or based on a court decision which says that the debtor is in default, This is based on the decision of the Constitutional Court which said the sound of article 15 paragraph (2) of Law No. 42 of 1999 is unconstitutional.