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All Journal USU LAW JOURNAL Randwick International of Social Science Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences SOSEK: Jurnal Sosial dan Ekonomi Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Humanities Education and Social Sciences Journal of Innovation Research and Knowledge International Journal of Society and Law
Rika Jamin Marbun
Universitas Pembangunan Panca Budi
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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LEMBAGA KERJASAMA (LKS) BIPARTIT PERUSAHAAN DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI KABUPATEN DELI SERDANG Rika Jamin Marbun; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.764 KB)

Abstract

abstract Employer, employee/labor and government always take efforts to build an harmonious industrial relationship in any companies in order to achieve the high productivity and labor prosperous.  The harmonious industrial relationship will minimize any conflict in industrial relationship such as the employer and employee. One of efforts to prevent the dispute in industrial relationship  between employer and employee  is by establishment of forum of communication, consultation and mutual deliberation between the employer and representative of labor union in the company level as determined in the Act No. 13 of 2003 concerning to the labor affairs on article 106 that known as Bi party Mutual Cooperation Agent. The problem would analyzed in this thesis is how the existence of bi party mutual cooperation agency in regency of Deli Serdang, what the role and its function in the settlement of the dispute of industrial relationship and what the sanction  and the implementation of the sanction to the company that did not establish the bi party mutual cooperation agent. The applied method in this research is analytic descriptive with judicial normative study. The data from Labor and Transmigration office of Deli Serdang Regency in 2012 indicates that the number of dispute cases in industrial relationship were 84 cases and can be settled by bi party for 47.61%. in 2013, the number of case were 108 case and can be settled for 50.92%. in 2014, the number of industrial relation disputes were 134 cases and can be settled for 58.9%. Based on the number of cases as shown by the data of Labor and Transmigration office of Deli Serdang Regency,  bi party mutual cooperation agent (LKS) is required to prevent the dispute in industrial relation. The existence of this agent in the company will minimize the dispute in industrial relation between employer and employee if there is any dispute in industrial relationship that can be settled by by party. The government,  the minister of labor affairs is hope to issue the implementation rule of the administrative sanction so the labor and transmigration office will punish the company that have not bi party mutual cooperation agency (LKS). Keywords : Bi party Mutual Cooperation Agent and Industrial Relationship Dispute.
Use of the Bipartite System in Industrial Relations Rika Jamin Marbun
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2463

Abstract

Basically, industrial relations between workers / workers and employers can not always be established harmoniously. At any time, there could be a dispute between the parties. This dispute is triggered by differences in interests between workers and employers. So, disputes are inevitable. But this industrial relations dispute cannot be left alone. It must be resolved immediately by the disputing parties. Otherwise, it will result in disruption of the production process of goods and services in the company which in turn will disrupt economic stability. The provisions of Law No. 2 of 2004 on Industrial Relations Dispute Resolution have provided the appropriate mechanism to resolve any disputes in industrial relations. One of the preferred mechanisms in this case is bipartite. This mechanism is a mechanism that is taken outside the court path (non litigation). Bipartite in its implementation is mandatory. Therefore, in every industrial relations dispute must first be pursued bipartite mechanism in the settlement. This bipartite priority gives authority to the disputing parties to be able to discuss, discuss and find solutions to the disputes at hand. The direct involvement of the parties is expected to provide a settlement that benefits both parties. This is very appropriate because the parties are more aware of their respective wills / desires even better understand how to sit disputes that occur.
Tinjauan Yuridis Terhadap Sistem Bipartit Dalam Hubungan Industrial Rika Jamin Marbun
SOSEK : Jurnal Sosial dan Ekonomi Vol 2, No 1 (2021): Maret-Juni
Publisher : SOSEK : Jurnal Sosial dan Ekonomi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/sosek.v2i1.111

Abstract

Pada dasarnya hubungan industrial antara Pekerja/buruh dengan pengusaha tidak selamanya dapat terjalin dengan harmonis. Suatu waktu dapat saja terjadi perselisihan diantara para pihak. Perselisihan ini dipicu oleh perbedaan kepentingan antara pekerja/buruh dengan pengusaha. Sehingga perselisihan memang tidak dapat dihindari. Akan tetapi perselisihan hubungan industrial ini tidak dapat dibiarkan begitu saja. Harus segera diselesaikan oleh para pihak yang berselisih. Apabila tidak maka akan mengakibatkan terganggunya proses produksi barang dan jasa di perusahaan yang pada gilirannya akan mengganggu stabilitas ekonomi. Ketentuan Undang-Undang No. 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial telah memberikan mekanisme yang tepat untuk menyelesaikan setiap perselisihan dalam hubungan industrial. Salah satu mekanisme yang diutamakan dalam hal ini adalah bipartit. Mekanisme ini adalah merupakan mekanisme yang ditempuh diluar jalur pengadilan (non litigasi). Bipartit didalam pelaksanaannya adalah bersifat wajib. Oleh karena itu dalam setiap perselisihan hubungan industrial wajib terlebih dahulu diupayakan mekanisme bipartit di dalam penyelesaiannya. Keutamaan bipartit ini memberikan kewenangan kepada para pihak yang berselisih untuk dapat mendiskusikan, membicarakan dan mencari solusi terhadap perselisihan yang sedang dihadapi. Keterlibatan para pihak secara langsung diharapkan dapat memberikan penyelesaian yang menguntungkan kedua belah pihak. Hal ini sangat sesuai sebab para pihak lah yang lebih mengetahui kehendak/keinginan masing-masing bahkan lebih memahami bagaimana duduk perselisihan yang terjadi. Tanpa ada keterlibatan pihak lain tentunya semakin membuat mekanisme ini merupakan murni hasil kehendak para pihak baik pekerja/buruh dengan pengusaha.
Government Authority in Regulating Employment Relations between Employers and Workers/Laborers in Indonesia Rika Jamin Marbun; Abdurrahman Harits Ketaren; Siti Nurhayati
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 2 No 3 (2022): IJHESS-DECEMBER 2022
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v2i3.307

Abstract

The working relationship between employers and workers/labourers is civil/private in nature because it was born after the existence of a work agreement. The existence of jobs, orders and wages as elements of work relations is left to the parties. The work agreement as the basis of the employment relationship is an autonomous rule for employers and workers/laborers in exercising their rights and obligations. However, work agreements do not fully contain private elements. The position of the worker/laborer and the entrepreneur is not balanced, for example in terms of "work" and "orders" the worker/laborer is in a weak position because the employer has previously determined it according to the type of work agreed upon. Likewise the issue of "wages", even though the entrepreneur has set the amount, it may not conflict with the provisions of labor regulations. Labor is very crucial because it is one of the main pillars in carrying out national development. Therefore, a heteronomous rule is needed as a safeguard in supervising the working relationship between the parties. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules.
Government Intervention in Employment in Indonesia Based on Welfare State Theory Rika Jamin Marbun; Lidya Rahmadani Hasibuan
Randwick International of Social Science Journal Vol. 4 No. 3 (2023): RISS Journal, July
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v4i3.746

Abstract

The emergence of the theory of the welfare state provides wider intervention to the state, in this case the government, especially in seeking the welfare of society, including in terms of employment. The Indonesian Constitution affirms philosophically that promoting public welfare is the responsibility of the government so that its role in employment is very much needed. The relationship between workers/laborers and employers arises from existence of a working agreement. The nature of the prevailing work assention is decided by the boss straightforwardly putting the position of the worker/laborer as the frail party. Therefore, even though at first the employment relationship only involved workers/laborers and employers, it needs to be regulated and supervised by the government as a form of protection for workers/laborers who are always in a disadvantageous position. The presence of the government as the maker and implementer and supervisor of employment policies is a form of implementation and development of welfare state concept. This concept emphasizes that the state does not only maintain law and order but is mindful for looking for the welfare of the individuals. The presence of the government as the maker and implementer and supervisor of employment policies is a form of implementation and development of the concept of the Welfare State. This concept emphasizes that the state does not only maintain law and order but is responsible for seeking the welfare of the people. The presence of the government as the maker and implementer and supervisor of employment policies is a form of implementation and development of the concept of the Welfare State. This concept emphasizes that the state does not only maintain law and order but is dependable for looking for the welfare of the people.This welfare state hypothesis was received within the introduction to the 1945 Structure of the Republic of Indonesia. So that inside the scope of work relations it cannot be isolated from the part and destinations of the State.
Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court Rika Jamin Marbun
International Journal of Society and Law Vol. 2 No. 1 (2024): April 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i1.73

Abstract

The Industrial Relations Court is a special court with absolute competence in dealing with industrial relations disputes arising from work relations between workers/laborers and employers. As the last resort in resolving employment conflicts if non-litigation channels fail, this court is expected to provide a fast, precise, fair and inexpensive resolution process for the parties so that it becomes the best solution. However, in practice, the existence of the industrial relations court has not fully become a mechanism that can realize the urgency of the court's existence since its inception. Various obstacles often arise and are even unavoidable in relation to the substance and mechanisms that hinder the realization of the initial intention of establishing the overarching law, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. This research explains the various challenges faced by the Industrial Relations Court since its formation until the post-reform period. The research method of implementing literature studies and the type of research is normative law by compiling and reviewing various normative provisions regarding industrial relations courts and problems in their application. Industrial relations courts face various challenges related to their substance and mechanisms, for example when they are at the decision implementation stage, it is quite difficult to carry out the execution because they are guided by the execution procedures in civil courts which are quite expensive and time consuming. Meanwhile, industrial relations issues are ideally oriented towards fast processes and low costs. On the other hand, from the data on registered dispute cases, the worker/laborer mostly acts as a plaintiff, meaning that even if the plaintiff in this case wins, the court decision is not yet able to fully grant the worker/laborer their maximum rights.
LEGAL IMPACT OF BUSINESS DISPUTES IN MARRIAGE ON OWNERSHIP AND DIVISION OF JOINT PROPERTY Beby Sendy; Rika Jamin Marbun; Tria Wahyu Artita
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Marriage is a sacred institution that is not only physically binding, but also affects the legal, social, and moral aspects of human life. One of the important issues in marriage is the division of joint property, especially during a divorce. Joint property refers to all property acquired by a husband and wife during the marriage. However, there are various factors that influence the division of joint property, including the type of property owned, the marriage agreement made previously, and the contribution of each party to the business or property acquired. The division of joint property is regulated by Law Number 1 of 1974 concerning Marriage and the Civil Code, which provide a legal basis for the assessment and resolution of disputes related to joint property. This study aims to examine the definition and scope of joint property in marriage and the mechanism for resolving business disputes that arise due to divorce. The method used is normative juridical with a descriptive analytical approach, through an analysis of relevant laws and regulations and jurisprudence. The results of the study indicate that the division of joint property in the context of divorce involves a process of mediation, litigation, and evaluation of the contribution of each party in obtaining the property. In addition, there are exceptions to joint property, such as personal property or property acquired through a prenuptial agreement.
LEVEL OF UNDERSTANDING OF THE RIGHTS OF WORKERS/WOMEN WORKERS IN THE LABOR LAW AND ITS IMPLEMENTING REGULATIONS IN KLAMBIR LIMA KEBUN VILLAGE, HAMPARAN PERAK DISTRICT Rika Jamin Marbun; Rahmayanti; Cut Ade Irma Handayani
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.4339

Abstract

This study aims to analyze the level of understanding of women's workers/laborers of their rights in the Manpower Law and its implementing regulations in Klambir Lima Kebun Village, Hamparan Perak District. The rights of women workers, such as the right to equal pay, social security, menstrual leave, maternity leave, and protection against discrimination, are an important part of legal protection for women workers. This study uses a quantitative approach with a descriptive design. The data was collected through a questionnaire distributed to women workers in the village. The results of the study showed that the majority of female workers in Klambir Lima Kebun Village have a limited understanding of their rights in the Labor Law and its implementing regulations. Many women workers are not fully aware of the rights protected by the law, whether in terms of fair wages, protection of working conditions, and the right to social security. Education on labor rights is expected to increase the understanding and awareness of women workers, so that they can optimize the legal protection that has been provided. This research is expected to provide recommendations for related parties to expand socialization and training programs on the rights of women workers at the village level, in order to improve the welfare and protection of women workers.
PERBANDINGAN TATA NEGARA INDONESIA DENGAN BRUNEI DARUSSALAM: ANALISIS SISTEM PEMERINTAHAN DAN PEMBAGIAN KEKUASAAN Mutia Salsabila; Rika Jamin Marbun; Cynthia Aulia Dzaki; Kayla Putri Adnin
Journal of Innovation Research and Knowledge Vol. 5 No. 7 (2025): Desember 2025
Publisher : Bajang Institute

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Abstract

Each country forms its own state system. So each country has varying characteristics, this is in accordance with the conditions that affect the country itself. From a historical, cultural, social, and political perspective. Understanding the state system of another nation requires comparison. This study will compare the government systems of Indonesia and Brunei Darussalam and the principles of their distribution of power. This study uses normative juridical research techniques to disseminate relevant rules or laws and literature such as mass media, bold journals, expert opinions, and books. Although located in Southeast Asia, Indonesia and Brunei Darussalam have separate governments. According to the 1945 Constitution Article 4 paragraph (1), the president is the head of state and head of government in Indonesia, and the king or sultan holds absolute power in Brunei Darussalam. Indonesia follows the trias politica Division of power and checks and balances with equal power for the legislative, executive, and judicial institutions to supervise and unify each other. Brunei Darussalam also has executive, legislative, and judicial institutions, but all obedience is due to the Sultan, particularly the executive and legislative branches, in which the Sultan participates in these authorities. The system of government and the division of power serve to maintain the relationship between citizens and the state. This is crucial for making governance more efficient and effective. In the context of a constantly evolving world, these two countries must continually adapt to current developments and improve the quality of governance to achieve the well-being of their citizens.
Co-Authors Abdurrahman Harits Ketaren Agusmidah Agusmidah Beby Sendy BUDIMAN GINTING Cut Ade Irma Handayani Cynthia Aulia Dzaki Kayla Putri Adnin Lidya Rahmadani Hasibuan Mutia Salsabila Pendastaren Tarigan Rahmayanti Siti Nurhayati Tria Wahyu Artita