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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Dipo Wahyoeno
Universitas 17 Agustus 1945 Surabaya
Law, Crime, Criminology & Criminal Justice

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PERJANJIAN BAKU YANG MEMUAT KLAUSULA EKSONERASI DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Shinta Rachmaniyah; Dipo Wahyoeno
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.100

Abstract

The birth of a standard agreement containing an exoneration clause basically intends to provide easier and more practical access for the parties who will enter into an agreement. The prohibition on using the transfer of responsibility clause can be seen in the rule of law in Indonesia, which is located in Article 18 of Law no. 8 of 1999 concerning Consumer Protection. In this case, the issue raised is how the exoneration clause applies in the standard agreement from the point of view of consumer protection law. In this study, the research method used by the author is a normative legal research method that uses a statutory approach or the so-called statute approach, a conceptual approach or the so-called conceptual approach and views according to experts. The results of the study show that the Standard Agreement which contains an exoneration clause can create legal consequences for consumers, namely the obligations that should be borne by the seller or business actor are the obligations of the buyer or consumer. UUPK or Law no. 8 of 1999 concerning Consumer Protection requires sellers or business actors to immediately match the standard agreement used for the provisions of the law, but in implementation this is difficult to enforce. Procedures and prohibitions regarding the application of standard agreements are planned to occupy the position of the buyer or consumer commensurate with the seller or business actor in accordance with the principle of freedom of contract and also prevent the emergence of actions that can later be detrimental to the buyer or consumer due to the lack of understanding, the buyer or consumer is exploited by the perpetrator. effort and also an equal position between the two parties. If the seller or business actor has set a standard clause that is prohibited in the agreement, the legal consequences of the standard clause are declared null and void.
PERLINDUNGAN HUKUM TERHADAP PENGURUS SERIKAT PEKERJA ATAS TINDAKAN PELANGGARAN PERJANJIAN KERJA BERSAMA OLEH PERUSAHAAN Yovita Putri Hardiani; Dipo Wahyoeno
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.150

Abstract

Industrial Relations is a relationship that occurs between a company and a labor union consisting of management and members of a trade union based on deliberation for consensus based on the 1945 Constitution of the Republic of Indonesia and Pancasila as the basis of Indonesian state law, consensus agreement is referred to as an object agreement in the form of a collective work agreement , the object is a regulation/guideline in industrial relations, so an agreement is required between the union officials and the companies involved in the collective labor agreement process. with the interests of each party for parties interested in welfare and the rule of law. The type of research used in this study is normative legal research by conducting research on legal norms in force in Indonesia related to the legal issues raised. The results of this study indicate that in terms of legal protection for union officials, it must be based on legal rules relating to labor laws and regulations, which include Law no. 21 of 2000 concerning Labor Unions, Law no. 13 of 2003 concerning Manpower, PP NO 35 of 2021 concerning Work Agreements for Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment, meaning that this protection includes the rights of trade unions which may not violate the substance of collective employment. agreements governing the provisions of labor laws and regulations
PROSES PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Gaudensia Mariana; Dipo Wahyoeno
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.209

Abstract

This research is a normative type of research using various existing legal approaches. This research focuses on the formulation of the problem, As an Industrial Relations Dispute Procedure is based on Law No. 2 of 2004 on Industrial Relations Dispute Efforts. According to Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, differences of opinion cause conflicts between employers and workers or a combination of employers and workers/employees or trade unions/trade unions. Article 2 of Law No.2 of 2004 states that the types of labor disputes are litigation, disputes of interest, disputes over the termination of employment, and union/union disputes in only one company. From the results of this study, it is known that three methods that can be applied to resolve industrial relations disputes are bipartite, tripartite, and arbitration
Co-Authors Gaudensia Mariana Shinta Rachmaniyah Yovita Putri Hardiani