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All Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat KRTHA BHAYANGKARA
Gindo L. Tobing
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Law, Crime, Criminology & Criminal Justice Social Sciences

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HUKUM ADAT SEBAGAI PRANATA HUKUM PENYELESAIAN PERSELISIHAN MELALUI MUSYAWARAH MUFAKAT DALAM LINGKUNGAN MASYARAKAT Gindo L. Tobing
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In daily life by people in Indonesia the use of the term customs with customary law is often equated. It is as if the two terms have the same meaning and meaning or even people say custom. Custom or habit is always connoted as a reflection of the life of a particular society, a society that has not known progress, or society that is still old, traditional, not familiar with modernization. Habits can be seen for example from behavior, speech, politeness that can describe the characteristics of a society. With the advancing civilization of society which is driven by economic development, science and technology, the level of conflict or dispute in society is also higher. Settlement of disputes or conflicts should not always be resolved through formal legal channels eg through a complaint to law enforcement officers (police) or filing a lawsuit through courts but can also be resolved through consensus or peace agreement using customary law (including local wisdom). When customary law plays its role at that time the public will realize that modernization does not forever necessarily leave and even eliminate the role of customary law. Customary law is also capable of resolving the various conflicts that arise in society. Keywords: Customary law as legal institution to solve various conflicts in society
PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM Gindo L. Tobing
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1138

Abstract

Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum
KORELASI ANTARA KETERSEDIAAN LAPANGAN KERJA, SISTEM PENGUPAHAN DAN PEKERJAAN SEKTOR INFORMAL Gindo L. Tobing
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1142

Abstract

Abstract Labor issues in Indonesia is an issue that over the years have always not solved because of the amount of labor in comparison with job availability is not balanced. Besides the problem of limited employment, are compounded by the low wages of workers/laborers in our country. Wage system still uses the term minimum wage is not worth living needs. The informal sector and transmigration may be one solution for the provision of jobs. Kata kunci : Upah dan Pekerja Sektor Informal
Tanggung Jawab Nakhoda KM Sabuk Nusantara 62 Atas Kerusakan Terumbu Karang di Pulau Mius Mangara Kabupaten Raja Ampat Fijkar Wailisaholong; Ani Wijayati; Gindo L. Tobing
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.787

Abstract

This research was conducted to know and analyze related to the captain's responsibility for the sinking of KM Belt Nusantara 62 and the settlement of coral reefs/compensation from the perspective of the Minister of Marine Affairs and Fisheries Regulation Number 28 of 2020 concerning Procedures for Dispute Resolution in the Management of Coastal Areas and Small Islands. This study also uses qualitative research methods with a normative approach where researchers conduct case studies (Case Research), data obtained by researchers related to events through shipping court decisions number: HK.212/05/IV/MP.2022 regarding KM ship accidents. Nusantara Belt 62 in the waters west of Yefmi island and the waters of Gag island in Raja Ampat. Based on data exposure and analysis, the results of the study can be concluded as follows, namely: 1) There are 3 forms of accountability of the Nahkoda KM Belt Nusantara for damage to coral reefs and 2) based on the Regulation of the Minister of Marine Affairs and Fisheries Number 28 of 2020 concerning Procedures for Dispute Resolution in the Management of Coastal Areas and Small Islands, compensation for KM Belt Nusantara 62 can be made through litigation (court) and non-litigation (outside the court).
Co-Authors Ani Wijayati Fijkar Wailisaholong