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All Journal Bacarita Law Journal HUKMY : Jurnal Hukum Honeste Vivere
Sinaga, Haposan Sahala Raja
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Putusan Pengadilan Hubungan Industrial pada Pengadilan Negeri Jakarta Pusat di Masa Pandemi COVID-19 Sinaga, Haposan Sahala Raja; Tobing, Gindo L
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12855

Abstract

This research legally analyzes the Industrial Relations Court Decision at the Central Jakarta District Court in Central Jakarta during the COVID-19 Pandemic. The issues that will be examined are reasons for filing a lawsuit for an industrial relations dispute that occurred during the COVID-19 pandemic and the judge's legal considerations in the Industrial Relations Court Decision at the Central Jakarta District Court Number 220/Pdt.Sus-PHI/2021/PN. Jkt.Pst. The research method is based on normative juridical legal research methods with a case approach of the Industrial Relations Court Decision at the Central Jakarta District Court Number 220/Pdt.Sus-PHI/2021/PN. Jkt.Pst Results of the Research: First, the reason for filing a lawsuit for an industrial relations dispute that occurred during the COVID-19 pandemic is seen from the Decision of the Industrial Relations Court at the Central Jakarta District Court with case number 220/Pdt.Sus-PHI/2021/PN.Jkt.Pst dated December 6 2021 is the occurrence of rights disputes and termination of employment due to force majeure conditions, namely the COVID-19 pandemic situation which is based on the issuance of Presidential Decree Number 12 of 2020 concerning the Determination of Non-natural Disasters. The Spread of Corona Virus Disease 2019 as a National Disaster. limiting business activities results in losses for business actors. Second, legal considerations in granting termination of employment based on the efficiency of the COVID-19 Pandemic (force majeure), based on the arguments of the Plaintiff's lawsuit along with evidence and witnesses of the Parties linked to the provisions of Article 45 paragraph (2) of Government Regulation Number 35 of 2021, so that the Panel of Judges assessed is legally grounded, therefore, based on justice and propriety, it is stated that the working relationship between the Plaintiff and the Defendant is terminated due to the efficiency reasons of the COVID-19 Pandemic (Force Majeure).
PENCEGAHAN DAN PEMBERANTASAN PRAKTIK MAFIA TANAH MELALUI PENGOPTIMALAN PERAN SATGAS ANTI-MAFIA TANAH Sinaga, Haposan Sahala Raja
HUKMY : Jurnal Hukum Vol. 4 No. 1 (2024): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2024.v4i1.590-603

Abstract

During 2018 to 2022, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency ('ATR/BPN') recorded handling 305 land cases involving the land mafia. The efforts made by the Ministry of ATR/BPN to eradicate parties involved in land mafia practices are by establishing a Anti-Mafia Land Task Force conducting this research with the aim of legally analyzing the legal position of Task Force and provide recommendations for optimizing the role of Task Force in efforts to prevent and eradicate land mafia practices in Indonesia. This research is juridical-normative research, with a statutory and literature approach. The results of this research: 1) the position of the Anti-Mafia Land Task Force based on its position is at 2 (two) different levels, the ministry level which is appointed and determined based on the decision of the Minister of ATR/BPN and the regional office level. Its role is only to research and analyze land mafia practices and then delegate them to the Police. 2) Optimizing the role of Task Force is carried out with the urgency of establishing the ATR/BPN Ministerial Regulation on Prevention and Eradication of Land Mafia Practices; and changing the form of the Anti-Mafia Land Task Force under the responsibility of the President in accordance with the Presidential Instruction and coordinated by the Coordinating Minister for Political, Legal and Security Affairs involving experts and independent figures.
E-COURT SEBAGAI REALISASI ASAS PERADILAN CEPAT, SEDERHANA DAN BIAYA MURAH DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Sitohang, Mawar; Sinaga, Haposan Sahala Raja; Wijayati, Rr Ani; Siregar, Rospita Adelina; Widyani, I Dewa Ayu
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.574

Abstract

The Industrial Relations Procedure Law by Law Number 2 of 2004 concerning Industrial Relations Dispute Resolution, regulates the procedures for resolving disputes through deliberation, mediation, conciliation, arbitration, and industrial relations courts, by applying the principles of fast, simple, and low-cost justice. The research method used is a normative juridical research method. The results of the study concluded that the time period for resolving industrial relations disputes is often not by the provisions stipulated in Law Number 2 of 2004, so it is necessary to get the attention of relevant parties in the dispute resolution process by using information technology platforms such as e-court in resolving industrial relations dispute cases as has begun to be applied to the settlement of disputes at the litigation level.
Co-Authors I Dewa Ayu Widyani, I Dewa Ayu Rospita Adelina Siregar Sitohang, Mawar Tobing, Gindo L Wijayati, Rr Ani