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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat Era Hukum: Jurnal Ilmiah Ilmu Hukum Civil Service : Jurnal Kebijakan dan Manajemen PNS Jurnal Hukum Adigama Jurnal Cahaya Mandalika Devotion: Journal of Research and Community Service Indonesian Journal of Multidisciplinary Science Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Eduvest - Journal of Universal Studies Kanun: Jurnal Ilmu Hukum Amicus Curiae
Andari Yurikosari, Andari
Ilmu Hukum, Fakultas Hukum, Universitas Trisakti
Religion Aerospace Engineering Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Neuroscience Public Health Social Sciences

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PERLINDUNGAN HUKUM TERHADAP HAK BURUH WANITA HAMIL MENURUT UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (CONTOH KASUS: PT X) Siti Syarah Armanida; Andari Yurikosari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8942

Abstract

A woman is guaranteed the right to return to the same position after her maternity leave. The need for legal protection for women workers who are pregnant but not treated properly and get rights in accordance with the provisions in the Manpower Act. The formulation of the problem in this study is how the legal protection for pregnant women workers who work at PT X based on the law and how to resolve violations of the law that occurs in pregnant women workers who work at PT X. The method used in this study is normative legal research.  Labor Law. Suggestions in this thesis are to the government through Parliament to immediately revise the Article in the Manpower Act concerning criminal and administrative sanctions that regulate violations of labor rights that do not get wages from maternity leave or miscarriage leave. Furthermore, workers, especially women, must be more careful in signing agreements to work together, whether their rights have been fulfilled in the agreement or not, in accordance with applicable regulations
ANALISIS YURIDIS TERHADAP MOGOK KERJA SEBAGAI ALASAN PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS: PUTUSAN NOMOR 67 PK/PDT.SUS-PHI/2018) Naomi Artha Nauli Arman; Andari Yurikosari
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.7532

Abstract

A strike is a basic or normative right attached to workers so it needs to be protected. The meaning of strike is regulated in Law Number 13/2003 concerning Manpower Article 1 Paragraph (23), illegal strike is regulated in Decree of the Minister of Manpower and Transmigration Number KEPMEN-232/200. Regarding the Legal Effects of a Strike Invalid. Lately there have been cases of employers terminating employment with workers who are on strike. The main problem here is how the judicial analysis of the judge's decision on termination of employment by reason of a legal strike and how legal protection for workers who are terminated due to strikes at PT. Sanfu Indonesia. Conducting research methods in a normative, prescriptive manner, conducting research using primary and secondary data in the form of interviews and in the form of books or literature. With the conclusion, in accordance with the provisions of Law Number 13/2003 Concerning Labor Strikes conducted by workers is legal because workers have carried out strike procedures that are not in conflict with KEPMEN Number 232/2003 Concerning the Legal Results of Non-Strikes Legitimate. In terms of protection, the worker / laborer has received protection because the worker has obtained his right in the form of severance pay, and also because the worker is carrying out a legal strike, so that it is protected by Law No. 13 of 2003 concerning Labor Article 153.
AKIBAT HUKUM KRIMINALISASI PENGURUS SERIKAT PEKERJA ATAS TINDAK PIDANA PENCEMARAN NAMA BAIK TERHADAP KEDUDUKAN SERIKAT PEKERJA DI DALAM PERUSAHAAN (STUDI PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR: 95/PID/2018/PT.DKI) Jefahnia Octaviani; Andari Yurikosari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (636.582 KB) | DOI: 10.24912/adigama.v2i1.5258

Abstract

One of the legal subjects in the employment sector is labor unions. Labor unions are considered as organizations that able to help workers fight for their rights. When there is an industrial relations dispute between employers and workers, labor unions can represent their members in the process of resolutions that includes three steps, which are Bipartite, Tripartite, and Court of Industrial Relations. Based on the applicable laws, in order to carry out their main duties and functions, labor unions must be independent and democratic. Referring to DKI Jakarta High Court Judgement No. 95/Pid/2018/PT.DKI, two of labor union officials in PT Damira are prosecuted by third party outside of Bipartite for criminal acts of defamation, and the prosecution itself build upon their statements on Bipartite. This kind of prosecution can be categorized as a form of criminalization of labor union officials, thus raises issues of how legal protections for labor union officials who are prosecuted by third party and the impact of the criminalization of labor unions officials to the standing of labor unions. The author analyzes both issues comprehensively using the normative legal research method. According to the research, can be councluded that the legal protections of labor union officials is not carried out as stipulated in the applicable laws. Furthermore, criminalization of labor union officials has important impact which includes two things, namely the legal uncertainty of labor union officials regarding their status as workers and the standing of labor unions within the company after the criminalization.
ANALISIS PEMUTUSAN HUBUNGAN KERJA SEPIHAK ATAS DASAR PELARANGAN HAK PEKERJA DALAM BERSERIKAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO.815K/PDT.SUS-PHI/2016) Jerisca Shandy Nicolas; Andari Yurikosari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8937

Abstract

Layoff  is a scary thing for workers. Many companies terminate their employment unilaterally, which is not in accordance with Law No. 13 of 2003 concerning Manpower. The problem faced is how the reasons for layoffs against workers are based on PHI Invitation Law Number 13 of 2003 and Supreme Court Decree No. 815 K / Pdt.Sus-PHI / 2016. The research method used in this study is the normative legal research method. The results showed that the reasons for layoffs of workers based on Law Number 13 of 2003 concerning Labor are quite a lot of them, referring to Article 162-172 of Law Number 13 of 2003 concerning Employment: resignation properly on their own volition, resignation in writing of their own volition due to layoff, resignation due to reaching retirement age, workers make serious mistakes, workers are held by the authorities, the company / company suffers losses, workers are lost to follow-up, workers die, workers commit violations, there are changes in status , merger, softening or changing ownership and layoffs due to efficiency reasons and the Supreme Court Decree No. 815 K / Pdt.Sus-PHI / 2016, where PT Wira Wisata Indah - Royal Regal Hotel did layoffs due to efficiency reasons. PT Wira Wisata Indah - Hotel Royal Regal Jakarta has carried out unilateral layoffs without a clear legal basis, and the layoffs conducted by the Defendant also contravened Law Number 21 of 2000 concerning Trade Unions / Trade Unions Article 28 point (a).
PERLINDUNGAN HUKUM BAGI PEKERJA BERDASARKAN PERJANJIAN KERJA WAKTU TERTENTU DALAM MASA PERPANJANGAN KONTRAK (STUDI KASUS PUTUSAN PENGADILAN NEGERI TANJUNG PINANG NOMOR 20/Pdt.Sus-PHI/2017/PN.Tpg) Mikael Brian; Andari Yurikosari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8900

Abstract

The implementation of fixed-term employment agreements in Indonesia is commonplace. But there are some companies that use fixed-term employment agreements to look for profits. Many companies are not aware that seeking profit from monopolizing workers with a fixed-term employment agreement, instead becomes an act that rapes the rights of workers who work in the company itself. The economic and social aspects of workers are greatly influenced by these monopolistic acts. Termination of employment unilaterally and without clear reasons also often occur. Extension of fixed-term employment agreement should follow the existing legislation, especially Law Number 13 Year 2003 concerning Manpower. But as the author mentioned, many companies that apply for an extension of the fixed-term employment agreement deviate from the provisions of the law. Therefore, in this thesis the writer will analyze and conduct a more in-depth study of the extension of the work agreement that deviates from the provisions of the law and also what legal consequences will be obtained by the company and workers if that happens.
PERLINDUNGAN HUKUM TERHADAP PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA (PHK) SEPIHAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 211/PDT.SUS-PHI/2018/PN.BDG) Grace Angelia; Andari Yurikosari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8916

Abstract

Termination of Employment is one of the disputes that often arises in the world of work. This certainly can be detrimental to the workers because in addition to losing their jobs for their lives, workers often do not get their rights in accordance with the provisions stipulated in the Manpower Act especially if the worker does not make a mistake in the company. Layoff disputes can be resolved through bipartite, tripartite, to court level. In this case, 9 (nine) workers who were laid off for efficiency reasons had made bipartite negotiations and mediation efforts but still did not reach an agreement so that the workers filed a lawsuit with the Bandung District Court. Even so, workers still do not get their rights in accordance with the provisions of the law so that if seen in this decision the role of the law as a legal umbrella to protect the rights of the community is not realized.
ANALISIS PERTIMBANGAN HAKIM MENGENAI “ALASAN MENDESAK” DALAM SE MENAKERTRANS NO. SE-13/MEN/SJ/HK/I/2005 (STUDI KASUS PUTUSAN NOMOR 139PK/PDT.SUS-PHI/2016) Anastasia Prestika; Andari Yurikosari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8933

Abstract

In the Civil Code governing the Agreement in Book III, one of which is an agreement governing employment or what is known as an Employment Agreement (Article 1601 Civil Code) and further stipulated in Law Number 13 of 2003 concerning Employment (Labor Law). In work relations, disputes often arise between employers and workers, there are 4 types of disputes, namely rights disputes, disputes of interest, disputes of termination of employment and disputes between workers in one company. Disputes that most often occur are disputes about termination of employment because workers have made a grave mistake as stipulated in Article 158 Paragraph (1) of the Labor Law. Regarding termination of employment due to the mistakes of workers / laborers feeling there is injustice, a judicial review is submitted to the Constitutional Court, with decisions regarding these articles which do not have binding legal force. Then it was followed up by the Minister of Manpower and Transmigration by issuing Circular Letter Number: SE.13 / MEN / SJ-HK / I / 2005, that layoffs can be fixed after receiving a criminal court decision that is still legal force and if there is an "urgent reason" then it can directly apply to the settlement institution of industrial relations disputes.
ANALISIS PUTUSAN SELA TERHADAP PERMOHONAN PEMBAYARAN UPAH PROSES DALAM PENGADILAN HUBUNGAN INDUSTRIAL (STUDI PUTUSAN: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 181/PDT.SUS-PHI/2016/PN.BDG jo PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 82/PDT.SUS-PHI/2016/PN.BDG) Yolanda Pracelia; Andari Yurikosari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5184

Abstract

Based on Article 96 of Law No. 2 of 2004 concerning Industrial Relations Dispute Settlement states that in essence that if the Company is proven at the first session not to carry out its obligations under Article 155 Paragraph (3) Law No. 13 of 2003 concerning Manpower, the Judge may decide interim. In the Decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Decision of the Industrial Relations Court Number: 82/Pdt.Sus-PHI/2016/PN.Bdg, the Judge decides on the request for payment of process wages at interlocutory decisions and final decisions, thus raising problems, how is the legal certainty of the application for process wage payments in the Industrial Relations Court and how to prove in the request for payment of process wages in the Industrial Relations Court. This study uses normative legal research methods, which are prescriptive in nature, with methods of data collection in the form of library studies, and supported by the results of interviews with Labor Law Experts. The results of the study show that, first, legal certainty in the request for payment of process wages on interlocutory decisions must be logical and not cause doubt. Second, the evidence applied at the time of the Industrial Relations Dispute is not in accordance with the situation that occurred in practice, so that it burdens the Workers. In the decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Industrial Relations Decision Number: 82/Pdt.Sus-PHI/2016/PN.Bdg is not in accordance with the Laws and Regulations in Indonesia.
ANALISIS PEMUTUSAN HUBUNGAN KERJA AKIBAT MOGOK KERJA TIDAK SAH PADA PT SRIREJEKI PERDANA STEEL (STUDI KASUS: PUTUSAN PENYELESAIAN HUBUNGAN INDUSTRIAL NOMOR 74/G/2014/PHI-BDG JO PUTUSAN MAHKAMAH AGUNG NOMOR 58/K/PDT.SUS-PHI/2015)” Jovania Hardisa; Andari Yurikosari
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2232

Abstract

Strike is a collective refusal by employees to work under the conditions required by employers. Strikes arise for a number of reasons, though principally in response to economic conditions or labor practices. However, in some cases, there is still no decidedly regulation that a strike can lead to the Termination of Employment. This paper will describe the case of 255 employees in PT Srirejeki Perdana Steel which being terminated by the employer of PT Srirejeki Perdana Steel without negotiation. Under the Law Number 13 of 2003 on Manpower, negotiation is an obligatory and essential material that must be done before the employer can terminate their workers. This paper will describe the completion of the right caused by the termination of 255 employees in PT Srirejeki Perdana Steel. The author research the problem with normative method supported by the interview of experts related to the case. There must be a proper regulation to fulfill the right of employee and law certainty to achieve justice for all.
PENGARUH PERLINDUNGAN HUKUM BAGI CORPORATE GUARANTEE SEBAGAI AKIBAT WANPRESTASI DEBITOR DALAM PEMBIAYAAN BANK Erna Sari; Andari Yurikosari; Ani Wijayati
to-ra 2021: Februari (Special Issue)
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

This study aims to determine the effect of legal protection for Corporate Guarantee as a result of default by debtors in providing bank credit, to study if the voluntary corporate guarantor legal protection relinquishes the privilege to act as a corporate guarantee in a bankruptcy case, and how the legal protection of creditors who hold a corporate guarantee in terms of bankrupt debtor. This type of research is normative-empirical law using statutory and conceptual and sociological approaches based on the Theory of Justice and Theory of Legal Certainty. Primary, secondary and tertiary legal materials using qualitative analysis. Regulations regarding legal protection for corporate guarantees in credit agreements with individual guarantees are regulated in Law Number 10 of 1998 concerning Banking, the legal protection provided by creditors according to the Banking Law. Kata kunci : Perlindungan Hukum, Corporate Guarantee, Pembiayaan Bank
Co-Authors Ade Lita Amriyati Amriyati Amriyati Amriyati Anastasia Prestika Andres Wijaya Ani Wijayati Aurelia Giani Cecilia Puspa Halim Dhaniswara K. Harjono Endry Loman Erna Sari Gladys Virginia Sumito Grace Angelia Innayah Sismitha Abd Wahab Jefahnia Octaviani Jerisca Shandy Nicolas Jesslyn Gressella Jonathan Agustinus Alva Jovania Hardisa Karina Hosea Kerti, N. G. N. Renti Maharaini Kurniyati Kurniyati Lie, Ribka Yonathan Masri Rumita Br. Sibuea Melanie Putria Maharani Hartono Mikael Brian Mohammad Farhan Fajari Muhammad Fauzan Fadilah Nadya Larasati Adinda Naomi Artha Nauli Arman Napitupulu, Diana R.W. Napitupulu, Diana RW Narita Adityaningrum Putra, Rivi Pratama Putri Mutaqiah Refwalu, Ester Oktaviani Richi J Candra Rizky, Normalita Safira Khairani Salasatuna, Salasatuna Sandra Angelica Sella Haryanto Setiawati, Anda Silviana Arifiati Listianingrum Siti Syarah Armanida WAWAN . Wenur, Grace Mathilda Theresa Yogo Pamungkas, Yogo Yolanda Pracelia