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All Journal JURNAL ILMIAH PLATAX Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Devotion: Journal of Research and Community Service Jurnal AKAL: Abdimas dan Kearifan Lokal Hukum Pidana dan Pembangunan Hukum Reformasi Hukum Trisakti Eduvest - Journal of Universal Studies Kanun: Jurnal Ilmu Hukum Amicus Curiae
Yogo Pamungkas, Yogo
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Journal : Amicus Curiae

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PENGANGKATAN PENYANDANG DISABILITAS SEBAGAI APARATUR SIPIL NEGARA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN: Appointment of Persons With Disabilities as State Civil Apparatus Based On Laws and Regulations Cakti, Adrian Cahdani; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19601

Abstract

Along the way, the Recruitment of State Civil Apparatus for Persons with Disabilities is still not in accordance with existing regulations. Therefore, it is necessary to optimize the recruitment process for people with disabilities to be in accordance with the regulations governing it. The issue raised is whether the recruitment selection for Persons with Disabilities as State Civil Apparatus in 2019 is in accordance with the Laws and Regulations in the field of civil servants? And is the availability of positions or jobs for Persons with Disabilities as State Civil Apparatus in 2019 in accordance with the Laws and Regulations in the field of civil servants? The type of research is Normative with the nature of descriptive research analysis and uses secondary data. Then writing is analyzed qualitatively by drawing deductive logic conclusions. Thus, the result of the first analysis is that the series of recruitment processes for the State Civil Apparatus for Persons with Disabilities is still not in accordance with Article 53 paragraph (1) of Law Number 8 of 2016 and Permen-PANRB Number 23 of 2019 that the minimum allocation for persons with disabilities is 2% of the total allocation in each government agency, both central and regional. The second analysis is that regulations regarding the availability of formations and positions that can be filled and cannot be filled for civil servants with disabilities become an obstacle to the presence of persons with disabilities in Government Agencies due to inconsistencies between written regulations and their implementation.
ANALISIS PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA PADA PENGADILAN NEGERI JAKARTA PUSAT (PUTUSAN NOMOR 67/PDT.SUS PHI/2020/PN.JKT.PST: Analysis of Termination Dispute Resolution at the Central Jakarta Districk Court ( Descision Number 67/Pdt. Sus.Phi/2020/PN.Jkt.Pst) Pertiwi, Ayu Widia; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19631

Abstract

When handling disputes between workers and employers in industrial relations, action is required in accordance with applicable labor law. The initial step that must be taken is to carry out bipartite negotiations between the two parties to find a solution to the dispute. If bipartite negotiations are unsuccessful, the next step is to file for mediation and sue the Industrial Relations Court. The problems that arise between the Plaintiff and the Defendant relate to the mechanism for resolving disputes in termination of employment (PHK) in industrial relations, as well as whether the procedures carried out are in accordance with the statutory regulations explained in decision Number 67/Pdt.Sus-PHI/2020/ PN. JKT. PST. From this decision, it is not considered that any negotiations took place, which is the debate in this case. To answer this problem, normative juridical research was carried out with a descriptive analytical approach. This research refers to primary and secondary data which was analyzed qualitatively, and conclusions were drawn using deductive methods. The process of resolving this industrial relations case involves mediation with a mediator from the East Jakarta Social and Employment Service, as well as filing a lawsuit with the Industrial Relations Court at the local District Court. However, statutory regulations are not in accordance with the steps taken in this case, because bipartite negotiations are thought to have never occurred.
PENYELESAIAN SENGKETA PHK TANPA PERUNDINGAN BIPARTIT PADA PENGADILAN NEGERI KOTA SEMARANG (STUDI PUTUSAN NOMOR 56/PDT.SUS-PHI/2019/PN SMG): Settlement of Layoff Disputes Without Bipartite Negotiations at the Semarang City District Court (Study of Decision Number 56/Pdt.Sus-PHI/2019/PN Smg) Adriani, Kania; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19754

Abstract

Termination of employment is an event that is very feared for employees because it involves loss of livelihood. One of the disputes in industrial is the layoff dispute. In the settlement of layoff disputes, there are several stages carried out, including Bipartite, which stage cannot be missed by both parties, whis stage of industrial relations dispute settlement must be carried out. The problems in this study are how the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel and whether the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel is in accordance with Law Number 2 of 2004. To get the answers above, a type of research is used. Normative law based.
PENJATUHAN HUKUMAN DISIPLIN BERDASARKAN PERATURAN PEMERINTAH TENTANG DISIPLIN PEGAWAI NEGERI SIPIL : Disciplinary Punishment Based on Government Regulations Regarding The Discipline of Civil Servants Phinesia, Elizabeth Liely; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19790

Abstract

The mechanism for imposing disciplinary punishment for Civil Servants is a process that must be passed before being sentenced to disciplinary punishment by an official authorized to punish including summons, examination, sentencing and delivery of decisions. The problem in this study is the process of examining and imposing disciplinary punishment on Ridwan Yasin and the legal consequences. To answer these problems, a normative juridical research type is carried out which is analytical descriptive in nature. The data used are secondary data with primary legal materials, secondary and tertiary obtained through library research. The data that has been obtained from the results of further research will be analyzed using qualitative methods and drawing conclusions by deductive way. From the results of the study it can be concluded that the imposition of disciplinary punishment on Ridwan Yasin in the Decree of the North Gorontalo Regent Number: 800/BKPP/2097/IX/2021 was declared procedurally and substantially flawed.
PERTIMBANGAN HAKIM DALAM MEMERIKSA DAN MEMUTUS PERSELISIHAN PHK YANG DALUWARSA (STUDI PUTUSAN NOMOR 274/PDT.SUS-PHI/2019/PN BDG): Judges' Considerations in Examining and Deciding Disputes over Expired Layoffs (Study of Decision Number 274/Pdt.Sus-PHI/2019/PN Bdg) Raindiyani, Rera Oktarisa; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/5njf4e97

Abstract

Layoffs are the termination of employment relations due to certain circumstances that result in the end of rights and obligations between workers and the company. In decision number 274/Pdt.Sus-PHI/2019/PN Bdg, the judge accepted the defendant's exception stating that the plaintiff's actions exceeded the time limit. From the decision, the problem arises is whether the judge's consideration in the PHI decision stating that Lasman Tampubolon's lawsuit has exceeded the period of time is in accordance with applicable laws and regulations and whether the rights given by the Tri Bhakti Langlangbuana Education Foundation to Lasman Tampubolon are in accordance with Law No. 13 of 2003 concerning Manpower. To answer the problem, normative research is carried out which is analytical descriptive research and the type of data used is secondary data. It can be concluded that the judge's consideration that Lasman Tampubolon's lawsuit has exceeded the period in accordance with laws and regulations and the rights granted by the Tri Bhakti Langlangbuana Education Foundation are not in accordance with Law No. 13 of 2003 concerning Manpower.  
ANALISIS PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA OLEH PENGADILAN NEGERI MANADO (STUDI PUTUSAN NO.2 /PDT.SUS- PHI/2020/PN.MND): Analysis Settlement of Employment Termination Dispute By The Manado Industrial Relations Court (Study Of Decision Number 2/PDT.SUS-PHI/2020/PN.MND) Pangemanan, Anatasya Maranata; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/saxhbn89

Abstract

Work Relations aren’t always good, disputes often arise which known as Industrial Relations Disputes. Best Effort to resolve this dispute is both parties carry out negotiations, Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes (“UUPPHI”) requires that industrial relations disputes first step to resolve is through Bipartite Negotiation. This research was conducted to discuss whether the procedures to resolve employment termination disputes between parties are in accordance to UUPPHI and whether the decision of Manado Industrial Relations Court Number 2/Pdt.Sus-PHI/2020/PN.Mnd is in accordance to UUPPHI. In answering these problems, this research was carried out using Normative Law research method, which is analytically descriptive, and base on primary, secondary and tertiary data which is analyzed qualitatively so that conclusions can be drawn deductively. Based on the research results, conclusion that can be drawn was this dispute resolution process between partied aren’t through bipartite negotiation, so the dispute resolution process weren’t in accordance to applicable laws and regulations. Panel of judges in handling down decision was also not in accordance to UUPPHI, where the panel of judges should not have accepted the registered lawsuit or at least handed down the Niet Onvankelijke Verklaard decision.  
PERUBAHAN FRASA PUTUSAN OLEH HAKIM MAHKAMAH KONSTITUSI SAAT SIDANG PENGUCAPAN PUTUSAN (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 103/PUU-XX/2022): Changes in Decision Phrases by Constitutional Court Judges During the Decision Pronouncement Session Lie, Ribka Yonathan; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/wg29gb66

Abstract

The Judges' Deliberative Meeting (RPH) is a plenary meeting which is held behind closed doors and is confidential with the aim of discussing a case, making a decision and determining a verdict. With the existence of a Judges' Deliberative Meeting (RPH), this will make it easier for Constitutional Justices to give opinions on submitted applications and draft decisions before they are pronounced in a decision-making hearing open to the public. The formulation of the problem in this journal is whether the change in the phrase of the decision by the Constitutional Judge at the time of pronouncing the decision is in accordance with Law Number 24 of 2003 concerning the Constitutional Court and what are the legal consequences of the change of phrase in decision Number 103/PUU-XX/2022 during the hearing decision by a Constitutional Court Judge. The type of legal research used in this research is normative legal research using secondary and primary data, analyzed qualitatively and conclusions drawn deductively. The results of this research are the change in the phrase "Therefore" to "In the future" in decision no. 103/PUU-XX/2022 is not in accordance with Article 45 paragraph (4) to paragraph (10) of Law no. 24 of 2003 concerning the Constitutional Court and has not implemented the Standard Operating Procedure (SOP) and mechanisms as the Constitutional Court decision should be read and uploaded. This means that there was an administrative error in the process of uploading the decision text to a page that can be accessed by the public and as a result of the change in the phrase of decision No. 103/PUU-XX/2022 during the announcement hearing by the Constitutional Court judges was that because the change was substantive in nature it would give rise to a different meaning and the decision that was uploaded due to an administrative error also had legal consequences for public reports and the Honorary Council's examination. Apart from that, the actions carried out by the reported judge violated the Sapta Karsa Hutama or what is usually called the Code of Ethics and Behavior of Constitutional Judges.
PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA (PHK) ANTARA SUHARDI DIBYO TRISWORO DAN CV. SATRIA BUANA SAKTI: Settlement of Termination of Employment (PHK) Dispute between Suhardi Dibyo Trisworo and CV. Satria Buana Sakti Putradianto, Mochammad Fauzan; Pamungkas, Yogo
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jx218a93

Abstract

This study discusses the settlement of the Termination of Employment (PHK) dispute between Suhardi Dibyo Trisworo and CV. Satria Buana Sakti which was decided through Cassation Decision Number 615 K/Pdt.Sus-PHI/2024. The legal issues discussed include the inconsistency of the implementation of the unilateral termination of employment by the company, which is contrary to applicable laws and regulations, namely Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 35 of 2021. The analysis shows that termination of employment must be carried out in accordance with legal procedures and accompanied by timely notification. In addition, the neglect of workers' rights to receive compensation, such as severance pay and length of service awards, is also the focus of the discussion. In conclusion, the actions of CV. Satria Buana Sakti do not comply with applicable legal provisions, which have the potential to harm workers' rights. The recommendation put forward is the need for stricter law enforcement against companies that carry out termination of employment without following the correct procedures and providing workers' rights in accordance with existing regulations.
Co-Authors Achdianto Adrian Cahdani Cakti Adriani, Kania Afrita Miranti Alvira Zahra Hartono Amriyati Amriyati Amriyati Amriyati Ananda Alfiyah Jasmine Siagian Siregar Andari Yurikosari, Andari Annas, Muhammad Sjahrul Ayu Widia Pertiwi Cakti, Adrian Cahdani Calvyn F. A. Sondak, Calvyn F. A. Carolus Paulus Paruntu Cherya Metriska Danuarta Hatta Rabbani Elizabeth Liely Phinesia Ernawati Ernawati Ernawati Ernawati Fadya Ayu Lestari Geraldus Himawan Utomo Ginting, Elvy Like Indri Manembu Kania Adriani Leonardo Sanjaya Lie, Ribka Yonathan Mohamad Fauzan, Mohamad Natalia El, Rehuel Nikita Syaharani Pangemanan, Anatasya Maranata Pertiwi, Ayu Widia Phinesia, Elizabeth Liely Putradianto, Mochammad Fauzan Raindiyani, Rera Oktarisa Rehuel Natalia El Richi J Candra Rumengan, Antonius Petrus Setiawati, Anda Siagian Siregar, Ananda Alfiyah Jasmine Syaharani, Nikita Tresiaty Sibarani Yoga Pamungkas Yoshua Setiawan