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Journal : Perspektif Hukum

Analisis Yuridis terhadap Pemutusan Hubungan Kerja Secara Sepihak dikarenakan Alasan Usia Rizki Akbar Maulana; Imam Budi Santoso
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.73

Abstract

Termination of employment should not be used unilaterally because in the legislation it has been explained in depth regarding the permitted termination of employment. The purpose of this study was to analyze the case of unilateral termination of employment with reasons in accordance with Supreme Court Decision No.450/K/Pdt.Sus-PHI/2021. The reasearch method used is normative juridical with the reasearch approach used is case based by combining existing legal facts. Based on the reasearch that has been carried out, unilateral termination of employment is not permitted under the law. However, it can be allowed for certain reasons. In the case of unilateral termination of employment due to age, it is not explained in detail in the Act, but the termination must go through a negotiation process and if there is no agreement, the employer or employee can apply through the relevant institution, in this case the agency industrial relations settlement. Keywords: Employees; Work termination; Businessman; Age.
Upaya Arbitrase dalam Penyelesaian Perselisihan Hubungan Industrial Didasarkan Adanya Kesepakatan Para Pihak Andika Dwi Yuliardi; Imam Budi Santoso
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.92

Abstract

One of the efforts to settle out of court is arbitration by emphasizing the principle of a win-win solution. The purpose of this paper is to find out the procedure for resolving industrial relations disputes through arbitration, and to find out the factors that cause arbitration to be less attractive. The type of research used is normative juridical research with a statutory approach. The results of the study indicate that the Arbitrator is obliged to settle industrial relations disputes within a maximum of 30 days, which can be extended to a maximum of 14 working days upon the agreement of the parties. Prior to that, peace is sought, if that fails, the arbitration trial will continue. One or the parties may apply for the cancellation of the arbitration award to the Supreme Court within a period of 30 days from the stipulation of the arbitrator's decision. Factors causing arbitration to be less desirable, namely Industrial Relations Arbitration does not have the authority to settle disputes over rights, settlement through arbitration is not yet familiar enough, arbitration can only be beneficial for honest and trustworthy parties, absolute dependence on arbitrators, there is no precedent for previous arbitration decisions, not possible to object.