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Romli, Desmawaty
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Law, Crime, Criminology & Criminal Justice

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KEWENANGAN KEPALA DESA DALAM MENYELESAIKAN SENGKETA MASYARAKAT BERDASARKAN UNDANG-UNDANG DESA Romli, Desmawaty; Junaidi, Junaidi; Merta, Martindo
Solusi Vol 20 No 1 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i1.526

Abstract

Public activities are never separated from social communication. Village community groups adhere to the characteristics of a peaceful and serene life, it cannot be separated from differences of opinion. Conflict issues that arise are triggered by conflicts of interest that cause debate. If this is allowed, it will damage the value of decency, social values ​​that cause disturbances in the security and comfort of the village community. The application of dispute resolution or violence in Indonesia, culturally, uses a lot of local community structures. To maintain harmony, organize and improve life in the village, it is more important to prioritize solving problems by consensus around people where there is a conflict, it is carried out peacefully. Ending the problem that was carried out by deliberation and consensus was carried out to maintain a harmonious life as the duty of the Village Head to resolve conflicts among its citizens. The authority of the Village Head to be able to resolve customary cases in examining and adjudicating according to their customs and not by law. The village head's obligation does not cancel the wishes of several individuals if they wish to have their case resolved in court, where it has been determined that the village head's obligations are to carry out his duties in resolving every community conflict in his village. The role of the Village Head as a conflict resolution issuer is very much needed to create a working judiciary in Indonesia. Conflict resolution based on local wisdom as explained in the Town Law can be utilized as much as possible in an effort to realize justice for the community.
Force Majeure or Hardship Principle In Termination of Employment During The Covid-19 Pandemic Junaidi, Junaidi; Surahmi, Mila; Romli, Desmawaty
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.941

Abstract

Introduction: The company often uses the spread of the Covid 19 virus in Indonesia in carrying out the Termination of Employment (PHK). Force Majeure is regulated by Article 164 of Law No. 13 of 2003 on Manpower but does not regulate epidemics or diseases as force majeure. Hardship itself is not regulated, and this doctrine is not yet known in Indonesia, as evidenced by the lack of contracts implementing the hardship clause.Purposes of the Research: The purpose of this study is to provide legal protection for employees who have experienced termination of employment due to the Covid-19 pandemic based on the principle of hardship.Methods of the Research: The research method used is normative juridical or doctrinal law research. It is research that uses the approach of legislation in the governance and legal values that live in society.Results of the Research: The results of this study include two things, namely the principle of force majeure or hardship in termination of employment, Companies that terminate employment should renegotiate by delaying work or known as the hardship principle. Using the force majeure principle causes workers to be unable to carry out their obligations, namely doing work. Based on the freedom of contract, the hardship principle principle clause can continue to carry out the agreement for workers affected by Covid-19. While the second is the legal consequences of the Covid-19 pandemic on work agreements, basically, in resolving the legal consequences caused by the Covid-19 pandemic, honesty from the parties is needed. This principle is known as good faith. It greatly determines the condition of the Covid-19 pandemic in the termination of employment by the company so that the parties can renegotiate their work agreement.
Co-Authors Junaidi Junaidi Merta, Martindo Surahmi, Mila