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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) JCES (Journal of Character Education Society) SELAPARANG: Jurnal Pengabdian Masyarakat Berkemajuan Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Awang Long Law Review Jurnal Jatiswara Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Community Engagement and Emergence Journal (CEEJ) As-Syar'i : Jurnal Bimbingan & Konseling Keluarga IJECA (International Journal of Education and Curriculum Application) Media Keadilan: Jurnal Ilmu Hukum Indonesian Journal of Criminal Law and Criminology (IJCLC) Jurnal Kolaboratif Sains Collegium Studiosum Journal Journal Indonesia Law and Policy Review (JILPR) Bacarita Law Journal Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Law and Economics Al-Amal: Jurnal Pengabdian Masyarakat Journal of Transcendental Law Journal Law and Government Society Fundamental : Jurnal Ilmiah Hukum Jurnal Jurisprudence
Erwin, Yulias
Universitas Muhammadiyah Mataram
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : JURNAL ILMIAH ADVOKASI

 1 
REVIEW OF DECISIONS IN DEFAULT CASES COMPANIES AGAINST WORKERS IN THE PERSPECTIVE OF THE AUTHORITY TO ADJUDICATE DISTRICT COURTS AND INDUSTRIAL RELATIONS DISPUTES Usmandani, Hani; Septyanun, Nurjannah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 12, No 2 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i2.5300

Abstract

The subject matter of this study is related to the legal relationship between the Company and workers in the decision of the Company's default case against workers and the application of the authority to adjudicate in the decision of a quo case. This research is qualitative research with normative (doctrinal) research type. Using the Legislation approach, conceptual approach, and case approach. Data collection techniques through literature studies, as well as analytical descriptive analysis and deductive methods. The results of the research on the legal relationship between the Company and Workers are based on the Collective Labor Agreement stipulated in Law Number 13 of 2003 concerning Manpower Jo. Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and the authority to adjudicate cases of default of the Company against Workers is the authority of the Industrial Relations Court. The District Court does not accept a quo lawsuit because a default dispute is a dispute of rights as referred to in Article 1 point 2 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes.    Keywords: Authority; Judge; Worker; Dispute; default
THE MECHANISM OF EXECUTION OF THE JUDGE'S DECISION IN A SIMPLE LAWSUIT Firmansyah, Agus Hartawan; Septyanun, Nurjannah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5148

Abstract

Community life is inseparable from conflicts of private interest between one legal subject and another legal subject, both between person to person, person to legal entity or legal entity to legal entity. The conflict that occurs requires a dispute resolution and enforcement of civil law which now seems protracted and long-winded because of the long process of resolving cases in court so that the application of the principle of fast, simple, and light costs cannot be realized. The community's need for justice in resolving a dispute at low cost and with fast events. This research uses the Normative legal research method using a Qualitative approach. The results of the study that, Dispute resolution at low cost and with fast events, the Supreme Court applies a simple lawsuit based on Supreme Court Regulation Number 2 of 2015 jo PERMA No 4 of 2019 concerning Procedures for Resolving Simple Claims. This Supreme Court regulation is a major step from the Supreme Court to realize the resolution of cases according to the principle of fast, simple and low cost. The implementation of simple lawsuit decisions is the same as the implementation of ordinary civil case decisions, which are carried out voluntarily and execution.Keywords: Simple lawsuit, Judge's decision, and Implementation of the decision
FULFILLMENT OF THE RIGHTS AND LEGAL REMEDIES OF FOREIGN WORKERS WITH CONTRACT STATUS WHICH ARE CARRIED OUT OF TERMINATION OF EMPLOYMENT JUSTICE PERSPECTIVE Selamat, Selamat; Septyanun, Nurjannnah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.5962

Abstract

Foreign workers in Indonesia have skills in the transfer of knowledge or know-how. In practice, foreign workers often have problems, such as layoff disputes. This research is a normative research, with a Law approach and a Case Approach. The legal materials used are primary, secondary, and tertiary, along with the literature data collection. Data analysis is descriptive and analytical with a qualitative approach. The research results are, first, that the legal protection of the rights of foreign workers who are unilaterally laid off has been regulated in Article 62 and Article 156 of Law Number 13 of 2003 concerning Manpower and strengthened by Government Regulation Number 35 of 2021. The rights obtained by the laid-off TKA are in the form of Severance Pay, Service Period Award Money, and Rights Replacement Money. However, not all of these rights can be obtained. Second, legal remedies can be taken by workers who are laid off due to the employer's failure to fulfil their rights through litigation and non-litigation settlement efforts and in the case of TKA, based on decision Number 12/Pdt.Sus-PHI/2021/PNMtr, the rights of TKA granted by the judge are basic salary from March to September 2020, with a calculation: Rp.21,750,00.00 x 7 = Rp. 152,000,000.00. It was not granted regarding severance pay based on legal reasoning; the judge's decision still referred to the positivistic legal aspect. Keywords : Employment Rights; Foreign-Employment Force; Court-Industrial-Relations Decisions
JURIDICAL IMPLICATIONS OF THE UTILIZATION OF COASTAL BOUNDARIES BY TOURISM ENTREPRENEURS IN TANJUNG BIAS WEST LOMBOK Sahlan, Sahlan; Erwin, Yulias; Septyanun, Nurjannah
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7571

Abstract

This study aims to find out and analyse the use and impact of beach areas that are not in accordance with laws and regulations as tourism support. The methods used in this study are normative and empirical legal methods with legislative, conceptual, case, and sociological approaches. The results of this research show that the act of privatization and the use of beach areas in West Lombok, especially in Tanjung Bias Beach, where culinary entrepreneurs in the form of cafes, restaurants and hotels tend to have an impact that results in a decrease in the function of coastal boundaries, which is characterized by the narrowing and pollution of the beach. This is certainly contrary to Regional Regulation Number 11 of 2011 concerning the Regional Spatial Plan of West Lombok Regency, that the spatial pattern plan has been determined as a tourism strategic area and an economic strategic area. Keywords: Juridical implications; Coastal Borders; Utilization, Tourism
Co-Authors A Malik, Djamil Ady Supryadi Aesthetica Fiorini Mantika Aesthetica Fiorini Mantika Akbar, Muhammad Padil Alpan Hadi Aminwara, Rena Ariani, Zaenafi Bahri Yamin Chintya Dewanta Dwi Martini Edi Yanto Fadil, Lalu Muhammad Fahrurrozi Fahrurrozi Fahrurrozi Fahrurrozi Fahrurrozi Fahrurrozi Farhan Firmansyah, Agus Hartawan Firzhal Arzhi Jiwantara Fitriani Amelia Gunanta, I Gede Hamdi Hamdi Hamdi Hamdi Hery Widijanto Imawanto Imawanto IMAWANTO, IMAWANTO Indra Jaya Lalu Samsu Rizan LELISARI, LELISARI Lelisari, Lelisari Mantika, Aesthetica Fiorini Muh. Risnain Muhammad Amin Mukhtar Muslimah Muslimah Nasaruddin Nasaruddin Nasaruddin Nur Oktaviani Nurjannah S Raehan, Sri Rena Aminwara Rizan, Lalu Samsu Rohayu H, Rina S, Nurjannah Sahidu, Fikhan Sahlan Sahlan Sahrul Sahrul Sarudi Sarudi Selamat, Selamat Shinta Primasari Siti Hasanah Sovi Santri Susanti Supryadi, Ady Tin Yuliani Tin Yuliani Usman Munir Usmandani, Hani Wahyudi, Ikhsan Yogi Hadi Ismanto Yuliani, Tin Zaenafi Ariani