Kusuma, Rahmawati
Dosen Fakultas Hukum Universitas Mataram

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Journal : Jurnal Ilmu Hukum The Juris

POLA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL SECARA WAJIB SEBAGAI PILIHAN PARA PIHAK DALAM MENYELESAIKAN PERSELISIHANNYA Rahmawati Kusuma; Zaeni Asyhadie; Lalu Hadi Adha
The Juris Vol 5 No 2 (2021): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v5i2.305

Abstract

Efforts to provide legal protection for workers/labourers in an employment relationship are a follow-up to the enforcement of human rights. The acknowledgment of equality before the law between employers and workers/labourers is a juridical consequence of the meaning contained in Article 27 of the 1945 Constitution, so Iman Soepomo (1985: 7) wrote, "that juridically the relationship between workers and employers in carrying out work relations have the same position, in the sense that they can exercise freely. This unequal position between workers/ laborers and employers often creates conflicts, employers provide/issue policies or regulations which according to their considerations are good and accepted by workers/laborers. However, sometimes workers/laborers have different views from employers, so the result is predictable, it will lead to conflicts or disputes; which is in the Act. No. 13 of 2003 concerning Manpower is called the Industrial Relations Dispute. With this, research will be conducted on what are the factors that underlie the disputing parties in choosing the pattern of compulsory dispute resolution as an option in resolving industrial relations disputes. So to find out the factors that underlie the disputing parties in determining the pattern or method of compulsory settlement as a way of resolving their industrial relations disputes.
HAK PEKERJA YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA BERDASARKAN PERATURAN PEMERINTAH NOMOR 35 TAHUN 2021 Rahmawati Kusuma; AD Basniwati
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.599

Abstract

This study aims to determine the rights of workers who experience termination of employment based on Government Regulation No. 35 of 2021 concerning certain time work agreements, outsourcing, work and rest periods, and termination of employment. This research uses normative legal research by using approach methods, namely; Legislation approach method, conceptual approach and Historical approach. The analysis of legal materials obtained is in accordance with the above data collection techniques, then the collected data is then processed and analyzed qualitatively. The results of the research and discussion conclude that the regulation regarding the process of termination of employment as regulated in Articles 37,38 and 39 as well as the rights of workers obtained in the event of termination of employment are contained in Articles 40 to 59 of Government Regulation Number 35 of 2021 concerning work agreement for a certain time, outsourcing, working time and rest time, and termination of employment.