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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Arly, Ibnu
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Legal Protection for Workers That Have Been Terminated Without Agreement Arly, Ibnu; Khoironi, Ahmad
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2715

Abstract

Manpower has an important role in the implementation of national development as actors and targets of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Employment relationship is the relationship between workers and employers that occurs after a work agreement has elements of work, wages and orders. Thus, the employment relationship occurs because of a work agreement between the entrepreneur and the worker, where the work agreement can be made in writing or verbally, including a Work Agreement for a Specified Time (PKWT) and a Work Agreement for an Indefinite Time (PKWTT). Workers are workers who work in an employment relationship with employers by receiving wages. In Law Number 13 of 2003 concerning Manpower Article 51 it is stated that the employment agreement is made in writing or verbally. However, in reality there are many companies that do not comply with the provisions of the Manpower Act, workers who work without a work agreement under the Manpower Act will turn into PKWTT workers (permanent workers) for which the company is obliged to make a letter of appointment for the worker concerned. As a result of layoffs, workers will automatically lose their jobs which are a source of livelihood for them and their families. After being laid off to get their rights to employers is not easy and there is almost no legal effort for workers to refuse the layoffs, therefore workers who are laid off without an employment agreement must get legal protection so that their rights and obligations are fulfilled.
Legal Protection Against Workers which is Terminated by Entrepreneurs without any Agreement Arly, Ibnu; Aulia, Medina Citra
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2689

Abstract

Legal protection is an act to protect legal subjects with applicable laws and regulations and their implementation can be enforced with a sanction. Workers are workers who work in an employment relationship with employers by receiving wages [1]. Meanwhile, according to Law Number 13 of 2003 concerning Manpower Article 1 number 3, a worker is anyone who works by receiving wages or other forms of remuneration. Termination of Employment Relationship is the termination of the employment relationship due to a certain matter which results in the termination of the rights and obligations between the worker and the entrepreneur. An employment agreement is an agreement between a worker and an entrepreneur or employer that contains the terms of employment, rights and obligations of the parties. In Law No. 13 of 2003, the work agreement is divided into two, namely: 1. Work Agreement for a certain period of time; 2. Indefinite Time Employment Agreement. In Article 1601a of the Civil Code (BW) it is stated that a labor agreement is an agreement in which the first party, the worker, binds under the leadership of another party, the employer for a certain time, to do work by receiving wages.
Juridic Review on Authentic Dedies as a Tool of Evidence in Civil Cases at the State Court of Samarinda Arly, Ibnu; Ariani, Dian
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2713

Abstract

Notary Public is a public official who is appointed by law in making an authentic deed and at the same time a notary is an extension of the Government. authentic deed is a guarantee of certainty and legal protection as a concrete form of actions, events, and legal relations that occur in society. the purpose of this research is to find out the authentic deed proof in court and to know the legal consequences of the authentic deed containing false information. The benefits or uses of this research are in the form of theoretical and practical benefits.This research uses empirical legal research that examines the applicable legal provisions and what happens in reality in the community. Empirical juridical research is legal research on the application or implementation of normative legal provisions in action on any particular legal event that occurs in the community. Or in other words that is a study conducted on the actual situation or real conditions that occur in the community with a view to knowing and finding the facts and data needed, after the required data is collected then leads to the identification of problems that ultimately lead to problem solving. The results of the study explained that the legal power of a notary deed in the process of proof in a court is perfect and binding, so that it does not need to be made or supplemented with other evidence, the deed still exists which is canceled is the contents of the deed (the legal relationship). As well as the legal consequences of an authentic deed containing false information is that the authentic deed has caused a dispute and is brought to court, therefore the injured party can file a civil suit in court so that the judge can decide and grant the cancellation of the deed.
Co-Authors Aulia, Medina Citra Dian Ariani Khoironi, Ahmad