I Nengah Sugiarta
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The Dispute Settlement over the Ownership of a Double Certificates in Cirebon District Land Office Bayu Nuraulia; I Nengah Sugiarta; Djauhari Djauhari
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5116

Abstract

Birth of the Law of the Republic of Indonesia Number 5 of 1960 on Basic Regulation of Agrarian (BAL) has brought about significant changes in the world Indonesian land. BAL and a set of implementation regulations are expected to provide legal guarantees for the rights holders on the ground. But in fact the land can not be separated from problems, one of which occurred in Cirebon is the emergence of multiple certificate which led to the dispute. Here will be explained the factors that led to the emergence of a double and a certificate of completion method of dispute. To the authors do research with sociological juridical approach that combines literary and legal material facts obtained in the field through interviews. From these studies obtained answers that the emergence of double certificates can occur due to external factors and internal factors. For that matter, BPN trying to find a way out with the mediation. But if it does not receive the meeting point, the parties can file a lawsuit in court.Keywords: Dispute; Double certificates.
Legal Protection For Labor Contract In PT. Nawakara Perkasa Nusantara I Nengah Sugiarta; Maryanto Maryanto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5637

Abstract

The problems of this study are: the outsourcing arrangement based on the law applicable and legal protection for contract workers at PT. Nawakara Perkasa Nusantara. Researchers used the method is legal normative juridical approach and specification in this study were included descriptive analysis. Even though sources and types of data in this study are primary data obtained from field studies by interviewing officials and workers in PT. Nawakara Perkasa Nusantara. And secondary data obtained from the study of literature relating to the theory of legal protection and enforcement.Based on the results of research that restrictions or even a rejection of the application of the statutory provisions regarding outsourced workers cannot be done despite how strong workers and unions of the federation units to fight. It is caused by the development of outsourcing itself stating that the areas of specialization, especially in terms of product development expertise of goods and services is growing development. Therefore impact the outsourced workers to work opportunities more widely. Legal protection for contract workers at PT. Nawakara Perkasa Nusantara basically in implementation has not gone as stipulated in the law. The lack of protection regarding the duration of the employment agreement as to which of Article 59 paragraph (2) and (4) which states that PKWT cannot be made to work that is fixed and the period of more than three (3) years, with each year once carried out a contract extension. Interpretation in paragraph (7) stated that the violation of Article 59 paragraph (2) and (4) This will result in the void PKWT turned into PKWTT. In practice, this agreement occurred during the three (3) years with a contract extension once a year. Supposedly workers / laborers in this company have been a permanent employee, when seen from the labor law.Keywords : Protection Law; Labor Contract.