Article Per Year (5 Year)
p-Index From 2021 - 2026
3.495
P-Index
This Author published in this journals
All Journal Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Yogo Pamungkas
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 25 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 25 Documents
Search

 1   2   3 
PENOLAKAN PENERBITAN KEPUTUSAN OLEH LURAH KEPUTIH BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANGADMINISTRASI PEMERINTAHAN (STUDI PUTUSAN PTUN SURABAYA NO.19/P/FP/2019/PTUN.SBY.): The Refusal to Issue a Decision by The Head of Keputih Village Based on Law Number 30 of 2014 Concerning Government Administration (Case Study of The Surabaya Administrative Court Decision NO.19/P/FP/2019/PTUN.SBY.) Axel Matthew Lambert Setyoadi; Yogo Pamungkas
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24695

Abstract

This study reviews the refusal to issue a decision by the Lurah Keputih based on Law Number 30 of 2014 concerning Government Administration (Case Study of Surabaya Administrative Court Decision No. 19/P/FP/2019/PTUN.SBY). The main issue discussed in this study is whether the actions of Lurah Keputih in not issuing the requested certificate contradict Law No. 30 concerning Government Administration. To answer this issue, the research employs a juridical-normative method with a descriptive nature, using secondary data as the primary data processed qualitatively. Conclusions are drawn using deductive logic. This study concludes that the actions of the Government Official in not issuing the requested certificate without a reason that meets the requirements are contrary to Law No. 30 concerning Government Administration. The legal consequence of this act is that it constitutes a positive fictitious action due to the neglect in issuing a decision, and the concerned Government Official is subject to administrative sanctions such as paying court costs and issuing what was requested by the Applicant.
PERMASALAHAN PERTIMBANGAN HAKIM MAHKAMAH KONSTITUSI TERKAIT LEGAL STANDING PEMOHON BERDASARKAN PUTUSAN NOMOR 90/PUU-XXI/2023: Issues Considered by Constitutional Court Judges Regarding the Petitioner's Legal Standing Based on Decision Number 90/PUU- XXI/2023 Rayhan Putra Sena; Yogo Pamungkas
Jurnal Hukum PRIORIS Vol. 12 No. 2 (2024): Jurnal Hukum Prioris Volume 12 Nomor 2 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i2.24910

Abstract

In submitting a request for judicial review, the applicant must explain the reasons for the applicant's request to litigate at the Constitutional Court. This is to determine whether the applicant has legal standing in a lawsuit at the Constitutional Court. In this research, the object of research is the Constitutional Court decision number 90/PUU-XXI/2023. In this decision the applicant felt disadvantaged by the enactment of Article 169 letter q of the General Election Law. And the judge's considerations in accepting the applicant's legal position are discussed in this research. So the formulation of the problem that will be discussed is whether the judge's considerations regarding the applicant's legal standing are in accordance with statutory regulations. This research uses an exploratory type of normative research using secondary data which is analyzed qualitatively by drawing conclusions using a deductive method. The conclusion of this research is that the Constitutional Court should not grant Legal Standing to the applicant to litigate because the applicant does not have urgent interests and does not feel any real loss. This is supported by dissenting opinions from several Constitutional Justices such as Saldi Isra, Suhartoyo, and Wahiduddin Adams as well as statutory regulations that regulate this matter.
DUA PUTUSAN YANG BERBEDA TERHADAP KONSISTENSI PENGADILAN DALAM MENYELESAIKAN SENGKETA WANPRESTASI: Analysis of Two Different Decisions On the Courts Consistency in Resolving Default Disputes Najwa Frisi Meilani; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 8 No 1 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25320

Abstract

Confidentiality agreements in employment relationships often give rise to default disputes, especially when their clauses are considered to limit workers' rights. The formulation of the problem to be discussed is the consistency of the legal considerations of the panel of judges in resolving the dispute of the breach of confidentiality agreement, through the analysis of Decision Number 168/Pdt.G/2024/PN Jkt.Sel and Decision Number 155/Pdt.G/2024/PN Jkt.Sel. The research method used is normative legal research with an analytical descriptive nature, using secondary data in the form of laws and regulations, court decisions, and legal literature. The results of the study show that there are differences in legal interpretation, where one decision integrates civil law, labor law, and constitutional norms, while the other decision only focuses on the legal requirements of the agreement according to the Civil Code. The study's conclusions show that these differences reflect court inconsistencies that have the potential to reduce legal certainty and justice.
PERLINDUNGAN HUKUM PEKERJA PERJANJIAN KERJA WAKTU TERTENTU (PKWT) YANG DI-PHK SEPIHAK SEBELUM MASA KONTRAK BERAKHIR: Legal Protection for Fixed-Term Employees (PKWT) Subject to Unilateral Termination Before Contract Expiration Syakirah Dena Salsabilah; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25194

Abstract

Legal protection for Fixed-Term Employment Agreement (PKWT) workers is often vulnerable, especially in cases of unilateral Termination of Employment (PHK). This study aims to examine the legal protection for PKWT workers subject to unilateral PHK in Decision Number 361 K/Pdt.Sus-PHI/2024. The legal problem stems from the dispute between Aprianti Amir and KKB Selindo, where termination occurred citing failure to meet work targets. This research was conducted using the Normative Legal Research method, which is Descriptive Analytical, sourced from secondary data analyzed qualitatively so that conclusions can be drawn deductively. The result is normative protection is governed by the obligation to pay PKWT compensation (Article 17 GR 35/2021) and contract remainder indemnity (Article 62 Law 13/2003) if the termination is not due to the worker's fault. The PHI granted full rights, but the Supreme Court (MA) at the cassation level classified the inability to meet targets as "worker's fault," thus eliminating the right to contract remainder indemnity. Based on the research results, the conclusion that can be drawn is that legal protection for PKWT workers is limited. The MA's inconsistent interpretation of "worker's fault" creates legal uncertainty and reduces the protection guaranteed by regulations
INKONSISTENSI PENERAPAN DALUWARSA GUGATAN PHK SATU TAHUN DI PENGADILAN HUBUNGAN INDUSTRIAL: Inconsistency the Application of the One-Year Statute of Limitations for Termination of Employment in the Industrial Relations Court Refaya Akbar Arasyid; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25297

Abstract

The settlement of termination of employment (PHK) disputes in Indonesia is subject to a one-year statute of limitations as regulated under Article 82 of Law Number 2 of 2004 on Industrial Relations Dispute Settlement. This provision aims to ensure legal certainty; however, in the practice of the Industrial Relations Court (PHI), it frequently conflicts with mandatory bipartite negotiations and mediation processes conducted by the Manpower Office, which require a considerable amount of time. This research aims to analyze the problem the application of the one-year statute of limitations for PHK claims and the judges’ flexible approach in judicial practice. This study employs a normative legal research method with a descriptive-analytical nature, using statutory, legal principles, and court decision approaches. The result and conclusion indicate that the application of the statute of limitations in PHK cases remains inconsistent, as judges tend to apply the concept of exclusion of time to the mediation period in order to achieve substantive justice and protect workers as the weaker party. This research concludes that clearer and more uniform normative regulation is required regarding the statute of limitations for PHK claims to balance legal certainty and worker protection.
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 Refaya Akbar Arasyid Renaldhy Ildha Subagja Syahdan Sabillah Syakirah Dena Salsabilah Zahra Putri Ariana