Mahendra Jaya Gumilang
Universitas Muhammadiyah Surakarta

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Legal Protection of Workers' Rights in Indonesia Abdullah Izza Aprilla; Ghariza Azzahra Baidlowi; Mahendra Jaya Gumilang; Nabilla Dea Azzhramajid; Muchamad Ilham Utomo Putro
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

One of the backgrounds for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in force so far have placed workers in a disadvantageous position in the service of manpower placement and the industrial relations system that emphasizes differences in position and interests, so that it is seen as not in accordance with the needs of the present and the demands of the future. The enactment of Law Number 13 of 2003 concerning Manpower is expected to: Enforce the problem of protection and guarantees for workers; Implement various international instruments on labor rights that have been ratified; As a member of the United Nations (UN) uphold and implement the Universal Declaration of Human Rights (HAM). Legal protection has been regulated in: the Preamble to the 1945 Constitution, which is based on Pancasila; the 1945 Constitution, namely: Article 27 paragraph 2, Article 28 D paragraph 1, paragraph 2, Article 33; Law Number 13 of 2003 concerning Manpower, and other regulations. Legally, the position of workers is free and balanced, but in practice it often creates an unbalanced situation, causing problems. To overcome this, a solution is needed so that it can be well received by all parties, is felt to be useful, has legal certainty and provides protection for all parties. The discussions in this study are: 1. How is the implementation of legal protection for workers' rights in labor relations in Indonesia. 2. Obstacles and efforts that must be made in providing legal protection for workers' rights in labor relations in Indonesia. The method used is normative juridical. Legal protection is provided in accordance with Pancasila and the 1945 Constitution.
Effectiveness of Mediation in Divorce Settlement in Klaten Religious Court Mahendra Jaya Gumilang
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The divorce rate in Indonesia shows an increasing trend in recent years. In particular, in Klaten Regency, the divorce rate has also increased significantly. The increase in the divorce rate is a serious concern for the government and society, considering its impact on the social structure and family welfare. In divorce cases, mediation is often a means of identifying the root of problems in the household, such as communication conflicts, economic problems, or third party intervention. Thus, this research aims to find out how effective mediation is in resolving divorce cases at Klaten Religious Court and what factors influence the success or failure of mediation in divorce cases. This research uses a juridical-sociological approach to understand the effectiveness of mediation in resolving divorce cases, both from a legal perspective and its social implementation related to divorce resolution. The mediation process carried out by Klaten Religious Court has been deemed effective. The results of research on the effectiveness of the mediation process in resolving divorce at Klaten Religious Court, quantitatively, the mediation process carried out by Klaten Religious Court has shown success in many divorce cases. The main factor that supports the success of mediation is the competence of the mediator involved in the process, which includes skills in managing conflict dynamics and building effective communication between the disputing parties. Apart from that, the willingness to reconcile from the parties involved in the case also greatly influences the success of mediation. Even though the mediation system at Klaten Religious Court has had a positive impact, improvements are still needed, both in terms of the quality of mediators, active participation of litigants, and support from court institutions to overcome existing obstacles.