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The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes Ndun, Ivan; Helan, Yohanes G. Tuba; Pekuwali, Umbu Lily
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.33159

Abstract

Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.
The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes Ndun, Ivan; Helan, Yohanes G. Tuba; Pekuwali, Umbu Lily
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.33159

Abstract

Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.
Memaknai Hukum Dalam Keutuhan Ontologiknya Umbu Lily Pekuwali
Jurnal Hukum PRO JUSTITIA Vol. 26 No. 1 (2008)
Publisher : Jurnal Hukum PRO JUSTITIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (10787.28 KB)

Abstract

Memaknai Hukum Dalam Keutuhan Ontologiknya
Pengelolaan Retribusi Lahan Parkir Sebagai Upaya Peningkatan Pendapatan Asli Daerah di Kota Kupang Yufri Mbooh; Umbu Lily Pekuwali; Norani Asnawi
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3536

Abstract

This researcher aims to understand the management of parking fees in increasing the regional income of the city of Kupang and the efforts made by the regional government of the city of Kuapang in optimizing the receipt of parking fees. This type of research is empirical research, using a qualitative approach method, where the researcher describes data from the results of observations and research that has been carried out in Kupang City. The data collection techniques used are interviews and observations, then descriptive analysis is carried out. Parking lot management to increase local revenue is carried out through planning, organizing, activating/implementing and supervising or controlling activities. Efforts to increase local revenue through parking fees by establishing regulations and policies relating to parking fees, enforcing regulations, increasing supervision, educating the public, and evaluating the management of parking fees. Suggestions for the government to pay more attention to regional levies, especially Kupang City regional parking levies, in making regulations, enforcing regulations and increasing awareness of parking fees and providing education to the community as well as periodic evaluations for parking managers and officers so that they are obedient in carrying out their duties in accordance with applicable regulations. with a full sense of responsibility, and for the community to comply with regulations regarding regional levies, especially Kupang City regional parking levies to increase local revenue.
Implementation of the Authority of the Village Consultative Body in Supervising the Village Budget According to Law Number 6 of 2014 in Mburukulu Village, Pahunga Lodu District, East Sumba Regency Dairo, Ambrosius Frader; Umbu Lily Pekuwali; Norani Asnawi
Indonesian Journal of Contemporary Multidisciplinary Research Vol. 3 No. 5 (2024): September 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/modern.v3i5.10794

Abstract

This study uses an empirical juridical research method with sources. So the data collection techniques used: 1. Interviews are data collection by means of direct questions and answers to information using a list of questions as interview guidelines related to the topic of this study. 2. Document/literature studies are library research conducted by collecting documents in the form of books, legislation, journals and other written materials related to the research topic. The results and conclusions, the implementation of the authority of the village deliberative body in Mburukulu Village, Pahunga Lodu District, East Sumba Regency, did not run smoothly when viewed from the involvement and activeness of members of the Village Deliberative Body both in supervising the implementation of government in managing village finances and organizing village government. And the inhibiting factors in the implementation of the authority of the Village Deliberative Body are: a. human resources, b. infrastructure, c. interaction between members of the Village Deliberative Body, village officials, and the village community, d. understanding of the functions and authorities as members of the Village Deliberative Body, e. economy
PENGATURAN HUKUM PENENTUAN UANG AIR SUSU IBU DALAM PERKAWINAN ADAT TERANG KAMPUNG DI DESA OEMASI KECAMATAN NEKAMESE KABUPATEN KUPANG Boy Mau, Deny; Pekuwali, Umbu Lily; Tubahelan, Yohanes G
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13631

Abstract

The existence of variations in determining the dowry in Terang Kampung traditional marriages in Oemasi Village is one of the socio-cultural issues in Oemasi Village, Nekamese District, Kupang Regency. This research aims were to describe the reasons for providing dowry as part of the traditional marriage system, to explore the basic reasons for determining level of dowry, and to explain the implementation of dowry payments in this community. This research applied empirical legal research methods (Empirical Legal Research) with the population were 226 of all the heads of families in Oemasi Village, and 23 of them were selected purposively as sample. The informants in this research were 5 people consisting of the village head, the head of hamlet, village representative body and local traditional elders. Data were analyzed using quantitative and qualitative descriptive methods. The research results indicated that the reason the practice of giving dowry is still implemented in Oemasi Village is because it is part of cultural preservation and respect for parents. The basic principles for determining the price of the dowry are first, the marriage history of the prospective bride's biological mother, the cost of conducting the party as well as the education and employment level of the prospective bride. Furthermore, the traditional marriage system in Oemasi Village consists of 3 stages, namely the first stage is called Lipa Oko or Oko Lipa (Introduction or recognition stages) the second stage is called Puah Manus (Hallf of dowry) and the third stage is called Noni Bijael (Full of dowry). However, not all respondents have completed the three stages of traditional marriage with the main reason is related to economic factors. Therefore, this research recommends that there is a need for deliberation at the village level to find a proper solution regarding the problem of variations in the amount of dowry in Terang Kampung Village Traditional Marriages in Oemasi Village.
KEWENANGAN PEMERINTAH DAERAH KOTA KUPANG MENGGUNAKAN HAK PAKAI DAN HAK PENGELOLAAN ATAS TANAH YANG BERASAL DARI HAK MENGUASAI NEGARA Sodak, Eksam; Pekuwali, Umbu Lily; Yohanes, Saryono
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13684

Abstract

The research findings indicate that the City of Kupang Regional Government has not optimally exercised its authority as the holder of the Right of Use and Management Rights over land acquired from state control. The Right of Use, covering an area of 14,041,022 square meters, controlled by the city government, is only utilized on 634,442 square meters (4.52%) for various purposes related to the City of Kupang government's tasks. Similarly, the Management Rights, covering an area of 4,809,012 square meters, are only utilized on 326,522 square meters (6.79%), either for the government's own use in facilitating governance tasks, development, and community services or in collaboration with third parties. Based on the research findings, it is recommended that the City of Kupang Regional Government, in collaboration with the National Land Agency (BPN) of Kupang, promptly plans the allocation and utilization of the Right of Use over an area of 13,406,580 square meters (95.48%) and the Management Rights over an area of 4,482,490 square meters (93.21%) to benefit the City of Kupang government, the community, and the business sector.
PEMBERIAN GANTI KERUGIAN HAK ATAS TANAH RAKYAT YANG BERKEADILAN (STUDI KASUS PEMBANGUNAN BENDUNGAN TEMEF DI KABUPATEN TIMOR TENGAH SELATAN) Barawasi, Azis; Pekuwali, Umbu Lily; Tuba Helan, Yohanes G
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13753

Abstract

Legal research is a systematic and methodological effort to uncover the truth by analyzing and constructing collected data. The focus of this research is on land acquisition for public purposes, with a foundation in legal concepts as the research method. Soerjono Soekanto and Abdulkadir Muhammad view legal research as a scientific activity that uses specific methods, systematic approaches, and thinking to analyze legal phenomena with the goal of problem-solving. Peter Mahmud Marzuki states that legal research is a scientific process to discover legal rules, principles, and doctrines.The aim of this research process is to find correct legal rules by discovering new values beneficial to society. The research type used is normative juridical, referring to legal norms in relevant regulations concerning land acquisition for public purposes. In order to gather information, this research utilizes four approaches: statutory approach, case approach, comparative approach, and conceptual approach. Through these approaches, the researcher seeks to gain a profound understanding of the construction of land acquisition for public purposes. The expected outcome of the research is to contribute to the understanding of agrarian law, especially regarding Land Acquisition Law, by detailing aspects regulated in Law No. 5 of 1960 and Law No. 2 of 2012. Thus, this research provides a conceptual foundation and in-depth understanding of the legal construction in the context of land acquisition for public purposes
Pelayanan Pembuatan Surat Izin Mengemudi Golongan C bagi Masyarakat Manggarai Timur Elisabet Clara Yunita; Umbu Lily Pekuwali; Norani Asnawi
JURNAL RISET RUMPUN ILMU PENDIDIKAN Vol. 4 No. 1 (2025): April : Jurnal Riset Rumpun Ilmu Pendidikan
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurripen.v4i1.5000

Abstract

This research is based on the fact that in the process of making a Driving License, the Manggarai Timur Community is faced with serious challenges, considering that until now the Manggarai Timur Police have not provided this service, forcing the Manggarai Timur community to travel to Ruteng, Polres Manggarai to take care of their SIM. Long trips not only take a lot of time but also cost a lot of money for the community, especially for those who live in remote areas in the Manggarai Timur area. The type of research used is empirical legal research. Data Collection Techniques interviews, observations and documentation. The results of this study indicate that the aspects of the SIM C making service for the Manggarai Timur community at the Manggarai Polres Traffic Unit, include; Accessibility of SIM C making services at the Manggarai Polres, Speed ​​​​in the SIM C Making Process, and the Level of Satisfaction and Perception of the Manggarai Timur Community Regarding the Services Provided Driving License services at the Manggarai Polres Traffic Unit are quite adequate, they only need to be improved. Meanwhile, the factors that influence the service for making Class C Driving Licenses for the people of East Manggarai at the Manggarai Police Traffic Unit include the availability of facilities and infrastructure, geographical conditions or environmental factors, the existence of complex and complicated requirements that must be met in the application and making of Class C Driving Licenses, the number of officers available to serve Class C Driving License applications, and the potential for corrupt practices or illegal levies that can hinder the process of making Class C Driving Licenses efficiently and transparently.