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This Author published in this journals
All Journal The Southeast Asia Law Journal International Journal of Educational Research Excellence (IJERE)
Fauzie Yusuf Hasibuan
University of Jayabaya
Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Alignment of Outsourcing Agreement on Protection Law and Justice Niru Anita Sinaga; Basuki Rekso Wibowo; Sri Gambir Melati Hatta; Fauzie Yusuf Hasibuan
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (334.832 KB) | DOI: 10.31479/salj.v1i1.4

Abstract

One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.
Analyzing the Agrarian Conflict Between Administrative Court and General Court Andre Irwanda; Fauzie Yusuf Hasibuan; Maryano
International Journal of Educational Research Excellence (IJERE) Vol. 2 No. 1: January-June 2023
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijere.v2i1.401

Abstract

Agrarian conflicts weakened the Administrative Judiciary and General Judiciary sectors in their settlement. The number of agrarian cases according to the Consortium for Agrarian Renewal for the period 2010-2019 amounted to 3,358 cases. The plantation, property, and infrastructure sectors become the largest agrarian conflicts in the last 5 years.  Normative juridical research methods, statutory approaches and case studies, primary and secondary legal materials with analysis and technical descriptive analysis. So the author analyzes the Urgency of the Establishment of Agrarian Courts. The results of the study assessed that the judicial power is free without outside intervention. The type of court chamber has not been able to solve problems in the land sector properly. An Agrarian Court is needed as an effort to resolve land problems and reduce blur in the authority to file cases. The administrative court and the general court have a jurisdiction to handle and settle agrarian conflict. The jurisdiction of administrative court is in the administrative aspect while the jurisdiction of general court is in the rights aspect. With high percentage of agrarian cases unsettled, there is a need to establish agrarian court to expedite the settlement of agrarian case comprehensively.
Co-Authors Andre Irwanda Basuki Rekso Wibowo Maryano, . Niru Anita Sinaga Sri Gambir Melati Hatta