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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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GUGATAN YANG DINYATAKAN TIDAK DAPAT DITERIMA (STUDI PUTUSAN PHI BANDUNG NOMOR 171/PDT.SUS-PHI/2017/PN.BDG) Alvira Zahra Hartono; Yogo Pamungkas
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum 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.
PEMBERIAN SANKSI BERUPA PEMBEBASAN JABATAN OLEH BUPATI DI KOTAWARINGIN TIMUR KALIMANTAN TENGAH Ernawati; Yogo Pamungkas
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15417

Abstract

Sanggul is a State Civil Apparatus who has brought the "Decree of the East Kotawaringin Regent Concerning Disciplinary Punishment for Exemption from Position" to the Palangkaraya State Administrative Court as the subject of the dispute. The issue with this article is that the steps used by the Kotawaringin Timur regent to inspect Sanggul and impose sanctions on his dismissal from office in Decision 3/G/2021/PTUN.Plk were not in accordance with the steps outlined in PP No. 53/2010 on Civil Service Discipline. The research methodology employed is normative juridical, which analyzes primary and secondary evidence before drawing inferences based on qualitative analysis. The findings of this study show that the Kotawaringin Timur regent's methods for applying disciplinary sanctions were procedurally faulty since they did not follow the PP above. According to the study's findings, because the Kotawaringin regent did not follow the inspection procedure exactly as required by the government regulation on civil servant discipline, he was deemed careless and negligent in carrying out the administrative stages. The East Kotawaringin regent then brought about the repercussions of not achieving the requirements of Articles 23 and 24 of the PP above.
PELAKSANAAN REKRUTMEN CPNS DI LINGKUNGAN BAWASLU RI PADA TAHUN 2021 BERDASARKAN UNDANG-UNDANG NOMOR.5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA: Implementation of the Recruitment of the of Civil Servant Candidates in Bawaslu RI in 2021 Based on Law Number 5 of 2014 Concerning the State Civil Apparatus Ananda Alfiyah Jasmine Siagian Siregar; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17743

Abstract

Abstract A democratic, innovative and transparent government system has always been the hope for society and government in this modern era. One element of government that must be considered in order to realize this, one of which is through the arrangement of Human Resources (HR) within each agency or institution. Law Number 5 of 2014 concerning ASN and with internal regulations in the RI Bawaslu is a guideline for BAWASLU in carrying out recruitment of ASN employees in the BAWASLU environment for the 2021 fiscal year. The main problems of this thesis are 1) How is the selection (recruitment) of CPNS at RI Bawaslu environment in 2021? 2) Is the implementation of CPNS recruitment in the RI Bawaslu environment in accordance with Law Number 5 of 2014?. This thesis is a normative legal research that is descriptive in nature, with literature studies and interviews as well as deductive conclusions. The secondary data obtained was processed qualitatively. The results of the research show that: 1) The author describes the flow of the recruitment process in the RI Bawaslu Environment based on related regulations. 2) The author found negligence and violations that had been committed by unscrupulous CPNS selection teams in the Bawaslu environment in 2021 which were not in accordance with Law no. 5 of 2014 concerning the State Civil Apparatus. Keywords: State Civil Apparatus (ASN); Indonesian Bawaslu; Recruitment
PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA (STUDI PUTUSAN NOMOR : 259/PDT. SUS-PHI/2021/PN.MDN): Settlement of Termination of Employment Disputes (Study of Decision Number: 259/PDT. SUS-PHI 2021/PN.MDN Nikita Syaharani; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19554

Abstract

Termination of Employment (PHK) by an employer is termination of employment whose initiative comes from the employer, due to violations or mistakes committed by workers/labourers due to other factors, such as downsizing employees, closing companies that are losing money, changes in status, and so on. Minutes of bipartite or tripartite negotiations are an absolute requirement for pursuing a dispute at the Industrial Relations Court. The conclusions chosen by the author are conclusions drawn from the point of view of deductive logic. The conclusion of the research is based on a case study of the Decision of the Industrial Relations Court at the Medan District Court Special Class IA number 259/Pdt. Sus-PHI/2021/PN.Mdn: First the Panel of Judges was of the opinion that bipartite and tripartite negotiations had been carried out but these negotiations failed or no agreement was reached, so that the exception of the Defendants stating that the case was aquo which had never been carried out in bipartite negotiations was rejected by the judge. Second, the Judge did not consider the provisions on the remaining unpaid wages/salaries. This has been regulated in Article 61 A of Law Number 13 of 2003 jo. Article 15 Paragraph of Government Regulation Number 35 of 202 which requires employers to pay compensation money to workers whose work relationship is based on PKWT
PERWALIAN (HAK ASUH) ANAK YANG DIBERIKAN KEPADA AYAH AKIBAT PERCERAIAN (STUDI PUTUSAN NOMOR 355/PDT.G/2022/PN JKT.UTR) : Child’s Guardianship (Custodial Rights) Granted to The Father due to Divorce (Study on Verdict Number 355/PDT.G/2022/PN JKT.UTR) Rehuel Natalia El; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19556

Abstract

Child’s guardianship given to whom due to a divorce is not strongly regulated, but child custody disputes are decided by courts based on children’s interests. The decision of District Court Number 355/Pdt.G/2022/PN Jkt.Utr decides that the father receives the guardianship of the three children. The issues in this article are whether the  judge's legal considerations in awarding custody of the kid to the father conform with Law Number 1 of Year 1974 on Marriage and Government Regulation Number 29 of Year 2019 on Terms and Procedures for Appointing Guardians and whether the guardianship (custodial rights) of the child is given to the father based on the best interest of the child according to best interests as outlined in Law Number 23 of 2002 on Child Protection, as revised by Law Number 35 of 2014. The judge's consideration is incorrect because it must be based on the interests of each child to achieve guardianship goals and be in line with the principle of the child's best interests. Girls should be assigned to mothers based on their interests in puberty, menstruation, physical changes, and feminine concerns. Women's faults as wives cannot be considered since a woman who is not good as a wife is not necessarily bad as a mother. It is preferable to grant the mother primary guardianship of daughters as long as the mother performs her tasks, duties, responsibilities, and obligations appropriately and fairly to protect the child's growth and best interests of the child.
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 Adrian Cahdani Cakti; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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) Ayu Widia Pertiwi; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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) Kania Adriani; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : 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 Elizabeth Liely Phinesia; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : 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.
PENELITIAN TERHADAP PENYELESAIAN PERSELISIHAN ANTARA KARYAWAN DENGAN PERUSAHAAN MELALUI PHI Yoshua Setiawan; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13401

Abstract

In order to attract consumer interest, sometimes the marketing of a product provides Termination of employment frequently violates current standards, and the case filed also has formal flaws. The dispute case in the PHI Decision Number 169/Pdt.Sus-PHI/2017/PN Mdn relates to the layoff rules, which are not in accordance with the applicable regulations. The question of whether the resolution of labor disputes between PT Raya Padang Langkat (PT RAPALA) employees is in conflict with Law No. 2 of 2004 regarding PPHI and Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia Number 17 of 2014 and Is the resolution of layoff disputes between PT Raya Padang Langkat (PT RAPALA) against its employees through mediation based on Decision Number 169/Pdt.Sus-PHI/2017/PN Mdn. already following the laws and regulations in the field of manpower. To get answers to these problems, it is carried out using normative legal research methods, which are based on secondary data, analyzed qualitatively, and conclusions drawn using deductive methods. The conclusion of this decision study is that the judge's decision does not follow the applicable rules and competence of the PHI is that it is not authorized to handle layoff cases because of procedures or steps that were violated before being submitted by the Plaintiff.
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 Arini Pertiwi 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 Fadya Ayu Lestari Geraldus Himawan Utomo Ginting, Elvy Like Indri Manembu Janwardisan Hernandika Kania Adriani Leonardo Sanjaya Lie, Ribka Yonathan Natalia El, Rehuel Navyla Arjinia Putri Widjanarko Nikita Syaharani Nina Stevany Malipolla 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