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All Journal Journal of Indonesian Legal Studies Petitum Law Journal Journal of Multidisciplinary Academic Business Studies
Ndun, Ivan
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes Ndun, Ivan; Helan, Yohanes G. Tuba; Pekuwali, Umbu Lily
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.33159

Abstract

Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.
The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes Ndun, Ivan; Helan, Yohanes G. Tuba; Pekuwali, Umbu Lily
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.33159

Abstract

Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.
FUNGSI PARTAI POLITIK DALAM PENDIDIKAN POLITIK BAGI KAUM MUDA DI KABUPATEN SUMBA BARAT DAYA DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2011 TENTANG PARTAI POLITIK Kota, Adrianus A; Ratu Udju, Hernimus; Ndun, Ivan
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20715

Abstract

This study aims to analyze the function of political parties in providing political education to young people in Southwest Sumba Regency based on Law Number 2 of 2011 concerning Political Parties. Political parties have a strategic role in creating political awareness and increasing the political participation of the younger generation through education, socialization, and political training. In addition, this study also aims to find out and analyze the factors that inhibit the implementation of political party functions in political education for young people. This research is expected to contribute ideas to political parties in Southwest Sumba Regency in carrying out their functions and responsibilities in political education for young people. This research uses a normative juridical method with a legal approach and is supported by empirical studies through interviews with local political party administrators and youth. The research data is sourced from primary, secondary, and tertiary data collected through interview, observation, and literature study techniques. The results of the study show that (1) political parties need to improve political education, socialization, supervision, and cooperation with the community, especially young people, in order to be more effective in providing an understanding of politics. (2) Factors that hinder the implementation of political party functions in political education include ineffective communication, low awareness of young people to participate in politics, political socialization is still minimal, and lack of involvement between political parties and institutions related to political education. Therefore, efforts are needed to strengthen the role of political parties in political education through more structured and sustainable programs in accordance with the mandate of Law Number 2 of 2011 concerning Political Parties.
The absolute competence of the industrial relations court in resolving employment termination disputes Ndun, Ivan
Journal of Multidisciplinary Academic Business Studies Vol. 1 No. 3 (2024): May
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomabs.v1i3.2073

Abstract

Purpose: The jurisdictional scope or competence of the Industrial Relations Court is elaborated in Section 56, Law Number 2, of 2004. However, Section 56 Number Law 2 Years 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court because, under this law, the Court has issued ineffective and inefficient decisions. In response to this debate, this study problematizes the competence of the Industrial Relations Court in presiding over the termination of employment contracts in Indonesia. Method: In analyzing the problem, this research uses a normative juridical method that has a systematic way of conducting research, focusing on competency theory, the theory of justice and supremacy of law, subjective justice, competency of the Industrial Relations Court according to existing laws and regulations, and experts’ views regarding the contribution of the existing literature to the competency of Industrial Relations Court judges. Results: This study argues that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 Year 2004 on Manpower is required. Conclusions: The Industrial Relations Court’s jurisdiction is overly broad, requiring a legislative review to ensure clarity, justice, and legal certainty. Limitations: This research has several limitations, including the time required to search for additional references, such as the latest journals, and comparisons with the competence of industrial relations courts in various countries. Contributions: It is hoped that the results of this research can provide information as a basis for consideration and contribution of thought to policymakers in formulating laws and regulations more effectively and efficiently to bring justice, legal certainty, and benefits to society.
The absolute competence of the industrial relations court in resolving employment termination disputes Ndun, Ivan
Journal of Multidisciplinary Academic Business Studies Vol. 1 No. 3 (2024): May
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomabs.v1i3.2073

Abstract

Purpose: The jurisdictional scope or competence of the Industrial Relations Court is elaborated in Section 56, Law Number 2, of 2004. However, Section 56 Number Law 2 Years 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court because, under this law, the Court has issued ineffective and inefficient decisions. In response to this debate, this study problematizes the competence of the Industrial Relations Court in presiding over the termination of employment contracts in Indonesia. Method: In analyzing the problem, this research uses a normative juridical method that has a systematic way of conducting research, focusing on competency theory, the theory of justice and supremacy of law, subjective justice, competency of the Industrial Relations Court according to existing laws and regulations, and experts’ views regarding the contribution of the existing literature to the competency of Industrial Relations Court judges. Results: This study argues that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 Year 2004 on Manpower is required. Conclusions: The Industrial Relations Court’s jurisdiction is overly broad, requiring a legislative review to ensure clarity, justice, and legal certainty. Limitations: This research has several limitations, including the time required to search for additional references, such as the latest journals, and comparisons with the competence of industrial relations courts in various countries. Contributions: It is hoped that the results of this research can provide information as a basis for consideration and contribution of thought to policymakers in formulating laws and regulations more effectively and efficiently to bring justice, legal certainty, and benefits to society.
Co-Authors Helan, Yohanes G. Tuba Kota, Adrianus A Ratu Udju, Hernimus Umbu Lily Pekuwali