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All Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Stanislaus Atalim
Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

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ANALISIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN DISHARMONI (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 121/PDT.SUS-PHI/2018/PN.BDG Juncto PUTUSAN MAHKAMAHi AGUNG NOMOR1942 K/PDT.SUS-PHI/2018) Luxena Gabriella; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (178.151 KB) | DOI: 10.24912/adigama.v2i2.6519

Abstract

This different opinion of termination sometime causing industrial relation dispute. The increasing reasons of employment termination constantly do harm for the workers without considering the loss that they may experience. How the Judge consider to make decision of termination with disharmony as the reason as stated in Constitution No. 13 Year 2003 about Employment? The research types that being used was a Normative Research. There are various reason in an employment termination. Dispute in Employment termination is a dispute of how employment relation ends. Terminating an employment relation must be accompanied by detailed and described as stated in Constitution No. 13 year 2003 about Employment. The Provision about arrangements for employment termination set out in article 150 until 171 Constitution No. 13 Year 2003 about Employment. Issues in this case is that PT Sari Gemilang didn’t described in detailed their reason why they terminated their workers. In the decisions of the Supreme Court didn’t consider Article 57 paragraph (2), Article 59 Paragraph (4), and Article 59 Paragraph (7) also Article 151 Paragraph (3) and Article 155 Paragraph (1) Constitution No. 13 Year 2003. Judge only considered that the relation between Company and Workers are disharmony. Disharmony is a situation, not a reason for termination. Panel of judges of the supreme court didn’t see there are reason for termination or not. There is uncertainty on the termination fee and the calculation that need to be paid by the employer due to disharmony.
ANALISIS DASAR MENUNTUT PENGGANTIAN BIAYA DALAM GUGATAN PEMBATALAN PERSIAPAN ACARA PERKAWINAN DALAM PUTUSAN NOMOR: 82/Pdt.G/2014/PN.MKS Patricia Janice; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (167.671 KB) | DOI: 10.24912/adigama.v2i2.6524

Abstract

This research aims to provide information about existing law for one-sided breach of promise of marriage in Putusan Nomor 82/Pdt.G/2014/PN. Mks and to show that the defendant’s conduct of breaching the promise of marriage is a violation of law instead of a default. The defendant’s breach of promise of marriage, according to the plaintiff, brings material loss and shame because she is a doctor widely known in the society and part of the nobility in Tanah Toraja. This research/case shows that immaterial damage claim cannot be sustained in the context of default because damage compensation in a case of default consists of fee, loss, and interest. Immaterial damage claim can only be sustained in the context of violation of law and the judge should refer to article 1365 KUHPerdata about Violation of Law because the breach of promise of marriage is against the norm of propriety and morality in the society. In Putusan Mahkamah Agung RI No. 522 K/Sip/1994, Putusan Mahkamah Agung RI No 3191 K/Pdt/1984 dated 8 February 1986, and Putusan Mahkamah Agung RI No 3277 K/Pdt/2000 dated 18 July 2003, it was ruled that breach of promise of marriage is a violation of law.
PENERAPAN PEMBERIAN HIBAH BERDASARKAN PASAL 920 KITAB UNDANG-UNDANG HUKUM PERDATA DILIHAT DARI ASAS LEGITIEME PORTIE (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2954K/PDT/2017) Vanessa Vanessa; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6527

Abstract

The problem that often occurs in the case of grants is that legal grants are often found or grants that are legally flawed or canceled. The event of a grant which was declared legally flawed was also found in the case of the Decision of the Supreme Court of the Republic of Indonesia Number 2954K/Pdt/2017. Article 920 of the Civil Code about reduced, by which the article is not listed in the decision. On this basis, a problem arises namely how the application of grants based on Article 920 of the Civil Code can be seen from the principle of legal inheritance share. In answering these problems, the author uses normative legal research methods. Based on the results of the study, it can be seen that with the cancellation of the grant deed by the court's decision and if the heirs who demanded the cancellation of the grant be accompanied by demanding a legal inheritance share, a reduction must be made. Then the author can conclude that the implementation of Article 920 of the Civil Code important to be carried out by the heirs concerned, because by the judge's decision regarding the distribution according to legal inheritance share, so the Article 920 of the Civil Code automatically applicable. The advice that can be given is better for the community to distribute inheritance and provide grants during their lifetime in a fair and equitable manner to avoid problems regarding the grant being declared null and void.
PT Bahana (Persero) Pengelola Modal Ventura dalam Rangka Cita-cita Pasal 33 UUD 1945 Stanislaus Atalim
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 2, No 1 (1995)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v2i1.5142

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Konflik Antara Keadilan dan the Rule of Law Stanislaus Atalim
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 1, No 2 (1994)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v1i2.5116

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Wibawa Hukum di Tengah Krisis Kepercayaan Stanislaus Atalim
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (1998)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v5i1.5342

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Antisipasi Hukum terhadap Perjanjian Bantuan Teknik (Alih Teknologi) Stanislaus Atalim
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (1997)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v4i1.5296

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Co-Authors Luxena Gabriella Patricia Janice Vanessa Vanessa