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All Journal Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Yogo Pamungkas
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ANALISIS KOMPARASI PENYELESAIAN SENGKETA HASIL PEMILIHAN UMUM MENURUT HUKUM YANG BERLAKU DI NEGARA INDONESIA DENGAN NEGARA MALAYSIA: Comparative Analysis of Dispute Resolution of General Election Results According to the Laws Applicable in Indonesia and Malaysia Dewi Aisyah; Yogo Pamungkas
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23001

Abstract

Each country has different mechanisms for resolving election dispute results. The identification of the problem in this research is the comparison of election dispute resolution mechanisms in Indonesia and Malaysia to identify similarities, differences, advantages, and disadvantages. The research employs a normative legal method with a descriptive approach, utilizing secondary data through literature study. Data analysis is qualitative, with conclusions drawn deductively. Based on the research results and conclusions, it is concluded that both Indonesia and Malaysia have special institutions to handle election disputes, namely the Constitutional Court in Indonesia and the High Court in Malaysia. The main difference lies in the availability of legal remedies in Malaysia, while Indonesia does not have this. Indonesia’s advantage is a more detailed trial process regulation, whereas Malaysia’s advantage is a longer filing period allowing for the collection of more relevant evidence.
PERBANDINGAN PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA DALAM HUKUM INDONESIA DAN HUKUM SINGAPURA: Comparison Of Employment Termination Dispute Resolution In Indonesin Law And Singaporean Law Putri Qurrota'aini; Yogo Pamungkas
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23002

Abstract

Disputes between employers and employees can lead to industrial relations disputes. Indonesia as a country that adheres to the Civil Law legal system, uses Law No. 2/2024 as the legal basis regarding industrial relations disputes, while Singapore adheres to the Common Law legal system, using the Singapore Employment Act 1968 (Chapter 91) as the legal basis related to employment. The difference in the scope of authority between Indonesia and Singapore in the context of the authority of arbitration institutions shows differences in approaches to resolving labor disputes in the two countries. Identification problem that arises is how the advantages and disadvantages of resolving labor termination disputes in Indonesian law and Singapore law. This research uses normative legal research with secondary data. The nature of the research is descriptive and the conclusion is drawn by deductive method. Based on the results and the conclusio of the research when viewed from the similarities and differences between the settlement of employment termination disputes in Indonesian law and Singaporean law, Indonesia has the advantage of simplicity and independence of mediation, while Singapore highlights the advantages through more sophisticated and specialized mechanisms in resolving employment termination disputes.
KOMPETENSI RELATIF PADA PENGADILAN HUBUNGAN INDUSTRIAL TERHADAP PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (STUDI PUTUSAN NOMOR 106/PDT.SUS-PHI/2019/PN.PBR): Relative Competence at the Industrial Relations Court Regarding Termination of Employment Disputes (Study of Decision Number 106/Pdt.Sus-PHI/2019/Pn.Pbr) Arya Falah Al Multazam; Yogo Pamungkas
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23007

Abstract

Workers or labor unions related to issues related to employment relations. The purpose study was to determine the judge's considerations in deciding the dispute between Widodo Mulyadi and PT Antar Mitra Sembada Pekanbaru Branch Office in accordance with Law Number 2 of 2004 and to determine the decision Pekanbaru Industrial Relations Court Judge in examining and deciding the dispute over Termination Employment by PT Antar Mitra Sembada against Widodo Mulyadi in accordance with Laws and Regulations. The writing method uses normative studies. The conclusion drawn is that in Decision Number 106 / Pdt.Sus-PHI / 2019 / PN.Pbr based on evidence and facts during trial which proves that the Plaintiff is indeed an employee defendant, where in his last placement as Sales Coordinator Combo Semarang after Defendant submitted a demotion letter. In this case, Pekanbaru Industrial Relations Court should accept Defendant's Exception regarding Relative Competence. The decision Pekanbaru Industrial Relations Court Judge is not in accordance with Law Number 2 of 2004 concerning Settlement Industrial Relations Disputes, namely Article 81 concerning Relative Competence, which in final placementPlaintiff as Sales Coordinator Combo Semarang after Defendant submitted demotion letter and was registered as an employee of PT. Antarmitra Sembada Semarang Branch.
PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (PUTUSAN NO. 27/PDT.SUS-PHI/2022/PN.MDN): Settlement Of Industrial Relations Disputes (Ruling No. 27/Pdt.Sus-Phi/2022/Pn.Mdn) Muhammad Faris Hilmy; Yogo Pamungkas
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23025

Abstract

Disputes or conflicts of interest between employers and workers/laborers often occur and are regulated in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. However, it is also different from the District Court decision Number 27/Pdt.Sus-PHI/2022/Pn.Mdn where an Industrial Relations Dispute occurred, namely the termination of employment relations but the Law was not implemented properly. The problem with this decision is firstly whether the termination of Ibrahim Simanjuntak's employment by PT. Is Tor Ganda in accordance with Law Number 13 of 2003 concerning Employment? and Second, whether the settlement of industrial relations between Ibrahim Simanjuntak and PT. Is Tor Ganda in accordance with Law Number 2 of 2004 concerning PPHI? This research uses normative law using secondary data made from primary, secondary and tertiary law, data processing techniques are carried out qualitatively by drawing conclusions using deductive methods. The conclusion of this research is that the termination of employment relations which turned out to be Ibrahim Simanjuntak's resignation or resignation was in accordance with Article 162 paragraph (4) of Law Number 13 of 2003 and the industrial relations settlement was invalid because it contained formal defects so that the PHI Panel of Judges decided It was wrong to hand down a decision which should be null and void by law.
Analisis Penyelesaian Sengketa Pemutusan Hubungan Kerja Secara Sepihak Oleh Pengadilan Hubungan Industrial (Studi Putusan Nomor 10/pdt.sus-PHI/2023/Pn.Tjk): Analysis Of Dispute Resolution On Unilateral Termination Of Employment Relations By The Industrial Relations Court (Decision Number 10/Pdt.Sus-Phi/2023/Pn.Tjk) Indra Permana; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22426

Abstract

The settlement of industrial relations disputes in Indonesia is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. This study focuses on a legal analysis of the decision of the industrial relations court in Tanjungkarang in a case of termination of employment that did not go through bipartite negotiations first. The problem is the dispute resolution process is in accordance with the relevant laws, and whether the judge's considerations in the decision are in accordance with Law Number 13 of 2003 concerning Manpower. The research method used is normative legal research with a descriptive analysis research type. Data were collected through literature studies from primary, secondary, and tertiary legal materials. Data analysis was carried out qualitatively by drawing conclusions deductively. Bipartite negotiations are not a formal requirement for submitting a lawsuit to the Court, but are a formal requirement for submitting a request for mediation to a labor mediator. This research is expected to provide theoretical and practical benefits in understanding civil procedural law and the settlement of employment disputes in Indonesia.
GUGATAN YANG DINYATAKAN TIDAK DAPAT DITERIMA (STUDI PUTUSAN PHI BANDUNG NOMOR 171/PDT.SUS-PHI/2017/PN.BDG) Alvira Zahra Hartono; Yogo Pamungkas; Hartono, Alvirazahra
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15239

Abstract

Termination of Employment Relations is the ending of employment relationships in a way that also terminates the company's and its employees' rights and obligations. Delivered by the PHI Bandung Number 171/Pdt.Sus-PHI/2017/PN.BDG Decision that the lawsuit brought by Plaintiff N.O A vague lawsuit (obscuur libel), in which the formulation of the lawsuit is not clear and it is therefore considered formally flawed, is one of the factors that lead to the lawsuit becoming formally flawed and not being accepted. The formulation of the problem is whether there is conformity with the Decision of the Bandung Industrial Relations Judge Regarding Lawsuit Disputes. The suit (Niet Onvankelijk Verklaard) will not accept termination of employment with Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and whether Ikhsan Noviandi, S.H.. The research in a normative juridical manner based on literature studies and was analyzed qualitatively with deductive methods and secondary data. From the results of research, discussion and conclusions: The PHI decision is not in accordance with the existing provisions and it is possible for the Plaintiff to seek cassation on the Bandung PHI Decision Number 171/Pdt.Sus-PHI/2017/PN.BDG even though the Plaintiff did not submit such effort.
PUTUSAN HAKIM TERHADAP PEMBERHENTIAN APARATUR SIPIL NEGARA PENYANDANG DISABILITAS OLEH KEMENTRIAN KEUANGAN REPUBLIK INDONESIA. (NOMOR.22/G/2021/PT.TUN.JKT.) Arini Pertiwi; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18503

Abstract

The Civil Servants (ASN) consist of Civil Servants and Government Employees with Employment Agreements (PPPK) within government agencies. In Indonesia, people with disabilities can become ASN. The research problem in this study is whether the termination of ASN from the Ministry of Finance of the Republic of Indonesia is in accordance with Government Regulation Number 94 of 2021 regarding the Discipline of Civil Servants and whether the court's decision is in line with Government Regulation Number 94 of 2021 on the Discipline of Civil Servants. The method used is a normative juridical approach, referring to relevant laws and regulations. Data were obtained from primary and secondary legal sources, with deductive conclusions. The research results show that disciplinary penalties against ASN are in accordance with the applicable procedures, while the court's decision that granted the ASN's lawsuit is not in accordance with Government Regulation Number 94 of 2021
- STUDI KOMPARASI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL(PERSELISIHAN HAK) MENURUT SISTEM HUKUM INDONESIA DAN KOREA SELATAN: - Nina Stevany Malipolla; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18504

Abstract

Work contracts that are not in accordance with labour laws, discriminatory status and industrial relations, substandard wage rates and wage systems, and the non-fulfillment of other normative rights are examples of labour rights violations. Furthermore, this research is normative research that is descriptive in nature, with secondary data whose data sources are primary, secondary, and tertiary legal materials, qualitatively analyzed data collection through literature studies, and deductively derived conclusions. The problem statement in this research is how the similarities and differences between the rights conflicts in Indonesia and South Korea And how its advantages and disadvantages. The Labour Inspection Service is responsible for enforcing labor regulations that guarantee the fulfilment of labour rights and taking stern action against companies/employers who violate these regulations. As a result, labor rights violations continue to occur despite the Labour Inspection Service's efforts. Indonesia has permanent legal force where disputes can be resolved through litigation or non-litigation, and has deficiencies in terms of the type of settlement, whereas South Korea has more detailed legal force, but its weakness is that few cases of labour disputes are brought to court without going through the Labour Relations Commission (LRC).
- TINJAUAN YURIDIS PELAKSANAAN ALIH STATUS PEGAWAI KOMISI PEMBERANTASAN KORUPSI MENJADI APARATUR SIPIL NEGARA PASCA PUTUSAN MK NOMOR 34/PUU-XIX/2021: - Navyla Arjinia Putri Widjanarko; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18680

Abstract

The implementation of the change in employment status of the Corruption Eradication Commission (KPK) employees as Civil Servants is based on Law Number 19 of 2019, which amends Law Number 30 of 2002 concerning the KPK. The formulation of the research problem is: How is the implementation of the change in the status of KPK employees to Civil Servants after the Constitutional Court Decision Number 34/PUU-XIX/2021? And is there any contradiction with the legislation in the implementation of the change in the status of KPK employees to Civil Servants? This research is normative juridical with deductive logical conclusions. The results show that the Constitutional Court Decision states that the implementation of the status change does not violate the 1945 Constitution of the Republic of Indonesia. The transition of KPK's employment status is also a consequence of the institutional status transition of the KPK within the executive branch. The author suggests that the process of changing the status of KPK employees be explained in detail regarding the implementation of the National Insight Test. This is important to avoid the polemic of "weakening the KPK," and legal consequences should be included if KPK employees do not pass the National Insight Test.
ANALISIS PUTUSAN MENERIMA PERMOHONAN PENYELESAIAN HASIL PILKADA SERENTAK DI MAHKAMAH KONSTITUSI (STUDI PERKARA KABUPATEN YALIMO, TAHUN 2020): Analysis Decisions Of Accepting Applications For Settlement Election Results In The Constitutional Court (Yalimo District Case Study, 2020) Janwardisan Hernandika; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19714

Abstract

Examines the decision of the Constitutional Court which accepted the request to resolve the results of the simultaneous regional elections. The formulation of the problem is whether the application for a dispute over the results of the regional head election in Yalimo Regency in 2020 is in accordance with statutory regulations and whether the legal considerations of the Constitutional Court judges in accepting the application for a dispute over the results of the simultaneous regional elections in decision number 97/PHP.BUP-XIX/2021 which is not in accordance with Article 158 of the Regional Election Law. The research method is descriptive analytical with secondary data analyzed qualitatively, type of research is normative juridical. The results of research and discussion stated that the dispute over the results of the 2020 regional head election in Yalimo Regency was in accordance with the law, however the submission of the application did not comply with the threshold provisions or the application exceeded the maximum threshold of 2%. The conclusion is the Constitutional Court has strong reasons to continue the examination of the a quo case to the next level and can decide to deviate from the provisions of Article 158 paragraph (2) letter a of Law 10/2016
Co-Authors Alvira Zahra Hartono Arini Pertiwi Arya Falah Al Multazam Axel Matthew Lambert Setyoadi Dewi Aisyah Ghaly Odeliatama Sinulingga Hamdy Mubarok Hartono, Alvirazahra Indra Permana Janwardisan Hernandika Khairunnisa Dini Avianti Muhammad Faris Hilmy Muhammad Syukur Fezadi Iskandar Najwa Frisi Meilani Navyla Arjinia Putri Widjanarko Nina Stevany Malipolla Nur Azizah Ayu Salsabilla Putri Qurrota'aini Rana Sayyidah Nabilah Rayhan Putra Sena Renaldhy Ildha Subagja Syahdan Sabillah Zahra Putri Ariana