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All Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum
Mikael Brian
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Law, Crime, Criminology & Criminal Justice

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AKIBAT HUKUM TERHADAP PENOLAKAN EKSEKUSI PUTUSAN ARBITRASE (STUDI KASUS DANNY SIHANOUK DE MITA VS SALVAGE B.V.) Mikael Brian
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i2.12174

Abstract

 Arbitration is an alternative dispute resolution outside the court. arbitration generally has the nature of a final award. Arbitration is carried out by the disputing parties based on an arbitration agreement, so there has been an agreement regarding the dispute settlement route they will face. Even so, we are also often presented by several individuals who reject the arbitration award, which in essence is final. Therefore, in this journal the author wants to examine juridically the implications of rejecting the execution of an arbitration award. The author also wants to examine the legal consequences of refusing to execute the arbitration award. Therefore, in this article, the author will elaborate the implementations of an arbitration award that deviates from the legal provisions and conduct a more in-depth study, author tries to elaborate the legal consequences between them. 
SEBUAH STUDI MENGENAI IMPLEMENTASI PERJANJIAN KERJA YANG MENYIMPANG DARI PERUNDANG-UNDANGAN DIKAITKAN DENGAN MORALITAS Tundjung Herning Sitabuana; Mikael Brian
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11148

Abstract

The use of fixed-time employment agreements is commonplace in Indonesia. However, some companies use term employment agreements to make a profit. Many companies do not realize that taking profits by monopolizing workers on fixed-time employment agreements is a violation of the rights of workers who work in the company. The extension of the fixed-time work agreement must be in accordance with the applicable laws and regulations, particularly Law Number 13 of 2003 concerning Manpower. However, as mentioned by the author, many companies applying for work contract extensions still deviate from the law. The author uses the juridical normative research method, namely in the activities of describing legal norms, formulating legal norms, and implementing legal norms, they provide research on understanding the normative problems faced by normative law. Therefore, in this article, the author will analyze the implementations of the work agreement that deviates from the legal provisions and conduct a more in-depth study, if this happens, the company and workers will get the legal consequences. In this journal, the author tries to elaborate the relationship between the invalid fixed-term employee agreement and morality.
Co-Authors Tundjung Herning Sitabuana