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All Journal Devotion: Journal of Research and Community Service Eduvest - Journal of Universal Studies Kanun: Jurnal Ilmu Hukum
Amriyati Amriyati
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Aerospace Engineering Computer Science & IT Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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RECONSTRUCTION OF THE REGULATION GOVERNING AD HOC JUDGES IN THE INDUSTRIAL RELATIONS COURT OF INDONESIA Pamungkas, Yogo; Amriyati, Amriyati; Yurikosari, Andari; Setiawati, Anda; Lie, Ribka Yonathan
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.41749

Abstract

This article examines the current construction of ad hoc judges within the Industrial Relations Court (PHI) and the resulting challenges impacting the settlement of industrial relations disputes. The primary objective of this analysis is to identify the legal problems associated with the present framework regulating ad hoc PHI judges and to propose solutions that mitigate these weaknesses. Utilizing a normative qualitative research methodology, this study relies on secondary data, employing both a statutory and conceptual approach to comprehension. Findings suggest that the existing construction of ad hoc PHI judges may compromise the objectivity of their decisions. This potential for bias can adversely affect fair conflict resolution, undermining trust in the judicial process. In light of these findings, the article advocates for a comprehensive reconstruction of the regulatory framework governing ad hoc judges. This would involve legislative reforms aimed at enhancing the performance and quality of PHI ad hoc judges. Such reforms could include stricter selection criteria, ongoing training programs, and mechanisms for accountability to ensure that these judges can make impartial and informed decisions. Ultimately, by addressing the identified legal shortcomings and implementing the proposed solutions, the integrity of the industrial relations dispute resolution process can be significantly improved. This approach not only aims to safeguard justice and fairness in industrial relations but also enhances the overall efficacy of the legal system in Indonesia. The insights underscore the urgent need for legislative action to foster a robust and unbiased framework for ad hoc PHI judges, ensuring equitable outcomes for all parties involved in industrial disputes.
Women Worker Protection: A Systematic Review On Maternity Protection In Indonesia Amriyati, Amriyati; Nurbaiti, Siti; Rumita, Masri; Layola Nainggolan, Fraya
Devotion : Journal of Research and Community Service Vol. 4 No. 2 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/devotion.v4i2.394

Abstract

Implementing maternity protection at the workplace is found significant benefits and cost savings to businesses, but many young women workers in garment factories in Indonesia remained vulnerable within their maternity period. This research was focused on why to have a clear and comprehensive overview on the need of women workers protection; how is women worker maternity protected. Through a Systematic Literature Review, data base was obtained through seven prominent publishers by writing key words “women worker protection and maternity protection”; inclusive articles were sorted by publication time 2012 – 2022; and the considerations of specific relevance of the article with this research questions. Other literature sources were also used to be added for more comprehensive literature review for the the research questions. It was found that breastfeeding was neglected by 33.6 million young working women in Indonesia, which costed US$1.5–9.4 billion annually, despite the prescription of the Constitution that worker shall have humane livelihood; fair treatment, and human dignity, in line with ILO and the SDG. Rights and measures on family leave, maternity leave, childcare and family services, social security and working conditions provisions will resulted in improved work performance, enhance female workers loyalty and reduce turnover. State shall more tightly supervise on the implementation of Law for protection of women worker rights and employer’s social solidarity, communality, and brotherhood
The Existence of Industrial Relations Dispute Resolution Institutions at The Close of The Company (Lock Out) Pamungkas, Yogo; Yurikosari, Andari; Amriyati, Amriyati
Devotion : Journal of Research and Community Service Vol. 4 No. 2 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/devotion.v4i2.409

Abstract

The process of resolving industrial relations disputes in Indonesia can basically be carried out through bipartite followed by mediation or conciliation or arbitration and carried out with industrial relations courts. This normative settlement providesaway out with an orderly state. Industrial relations can arise due to several related matters such as: employment agreements, positive laws and differences in interests. The focus of the problem is whether the definition of the concept of industrial relations conflict has been clearly defined? Has the resolution of industrial relations conflicts been achieved? Is the purpose of closing the company achieved according to its legal objectives? Is the closure of the company to resolve industrial relations conflicts achieved? What limitations are there in court decisions in examining and resolving industrial relations disputes before or after the closure of a company? This study uses the systematic study method of verdict. The results showed that the closure of the company was not effective in resolving industrial relations conflicts
Quo Vadis Employee Participation concerning Share Ownership in Companies in Indonesia Sari, Andari Yuriko; Wicaksana, Arif; Amriyati, Amriyati; Utomo, Gabriel Bramantyo
Devotion : Journal of Research and Community Service Vol. 4 No. 4 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/devotion.v4i4.460

Abstract

In general, in various companies, workers are rarely considered company assets, so that in various company developments, the role of workers is not an important thing to consider. However, along with the times, workers are then considered as company assets and have even begun to develop in various companies that include workers in share ownership of the company concerned and by participating in company share ownership (ESOP: Employee Stock Ownership Program), thus workers feel become part of the company. Article 43 Paragraph (3) letter a Law no. 40 of 2007 concerning Limited Liability Companies (“UUPT”) basically states that companies can offer shares to their own employees. However, basically there is no obligation for companies to include their workers in the ownership of company shares according to the Company Law. The problems in share ownership in companies for workers are (1) What are the legal problematic dilemmas regarding workers' participation in share ownership in companies in Indonesia? (2) What is the normative regulation of workers' share ownership in a company if it is to be regulated in sources of employment law, both autonomous and heteronomous? . In general, it can be concluded that there are still many obstacles in terms of workers wanting to be included in company ownership because according to laws and regulations participation in company share ownership is not a mandatory thing for companies to do, but must be an initiative of workers' associations and/or unions. Apart from that, there is also the problem of how to regulate normatively related to share ownership in the company for workers so that workers have a legal basis to own shares in the company.
Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia Yurikosari, Andari; Amriyati, Amriyati; Pamungkas, Yogo
Eduvest - Journal of Universal Studies Vol. 3 No. 8 (2023): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v3i8.898

Abstract

The Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes regulates the settlement of disputes in the employment relationship between workers and employers, including disputes over rights, interests, termination of employment, and disputes between trade unions within one company. The Industrial Relations Court is formed to examine and decide on the industrial relations dispute, and the execution of the decision handed down will be carried out. However, the problem is how to carry out the execution in the Industrial Relations Court for decisions that have legal force, and whether it is necessary to establish a separate execution confiscation institution is regulated in the Law on the Settlement of Industrial Relations Disputes. Article 57 of the law states that the procedural law applicable to the Industrial Relations Court is the civil procedural law that applies to courts within the general court environment, unless specifically regulated in this law. The entire legal process for the settlement of industrial relations disputes uses the civil procedural legal process, including the rules regarding the execution. Several studies have highlighted the need for a separate execution confiscation institution to improve the effectiveness of the settlement of industrial relations disputes.
Co-Authors Andari Yurikosari, Andari Arif Wicaksana Layola Nainggolan, Fraya Lie, Ribka Yonathan Masri Rumita Sari, Andari Yuriko Setiawati, Anda Siti Nurbaiti Utomo, Gabriel Bramantyo Yogo Pamungkas, Yogo