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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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Aerospace Engineering Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Public Health Social Sciences Transportation

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PEMBERIAN SANKSI BAGI APARATUR SIPIL NEGARA YANG MELAKUKAN PELANGGARAN DISIPLIN BERAT Afrita Miranti; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13616

Abstract

This was experienced by Sri Endang Mulyani, who was subjected to severe disciplinary punishment with the object of dispute in the form of a Decree of the Governor of Central Java on suspicion of having a special relationship with a man who was not her legal husband. The main problem discussed in this thesis is whether the actions committed by Sri Endang Mulyani in Decision Number 20/G/2020/PTUN.SMG can be said to be serious disciplinary violations and whether the process of examining and imposing sanctions given by the Governor of Central Java is in accordance with Government Regulation Number 53 of 2010. To answer this problem a research was carried out, with the nature of descriptive analysis research, and the results of the research were carried out qualitatively and conclusions were made using the deductive method, which resulted in the conclusion that the violations committed by Sri Endang Mulyani could not be said to be a serious disciplinary violation and the inspection process carried out by the Governor of Central Java was appropriate, but the imposition of sanctions by the Governor of Central Java was not in accordance with Government Regulation Number 53 of 2010.
ANALISIS YURIDIS TERHADAP PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (KASUS PUTUSAN NOMOR: 28/pdt.Sus-PHI/2020/PN.Tpg) Tresiaty Sibarani; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13618

Abstract

PT Aswin Transportation Wisata (Defendant) unilaterally terminated the employment relationship with the Workers (Plaintiff) via text message on the grounds that the Covid-19 pandemic never ended so that the Defendant could not pay the Plaintiffs' wages each month. The problem of this research is whether the settlement of termination of employment between the Plaintiffs against PT Aswin Wisata Transportation is in accordance with statutory regulations and whether the Judge's Decision on the settlement of the termination of employment dispute between the plaintiffs against PT Aswin Tourism Transportation in accordance with the laws and regulations? To answer this question, a normative juridical research was carried out, which is descriptive-analytical by using secondary data which was analyzed qualitatively by deductive method as a conclusion. The results of this study are the process of settling industrial relations disputes and the Judge's decision in decision Number 28/Pdt.Sus-PHI/2020/PN.Tpg not in accordance with the PPHI Law.
ANALISIS PUTUSAN HAKIM TERHADAP UPAYA HUKUM PENINJAUAN KEMBALI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Geraldus Himawan Utomo; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15084

Abstract

Justice may file a PK against a PHI decision that has permanent legal force if either of the following circumstances exists, as stated in Article 57 of the PPHI Law: (1) the Supreme Court has determined a case at the cassation level; or (2) the PHI decision has permanent legal force. Legal efforts to settle industrial relations problems only go as far as the cassation level for rights disputes and job termination disputes since the passage of SEMA No. 3 of 2018. Problem statement: Does the law support the judge's decisions to grant judicial review in Decision Number 11 PK/PDT.SUS-PHI/2018 and to refuse judicial review in Decision Number 94 PK/PDT.SUS-PHl/2017? What are the legal repercussions of the judge's ruling in ruling Number 1 1 PK/PDT.SUS-PHI/2018 in favor of judicial review and the judge's ruling in ruling Number 94 PK/PDT.SUS-PHl/2017 to dismiss the PK lawsuit? Secondary data, primary data, and the normative research approach are all of a descriptive character. The release of SEMA Number 3 of 2018 is an effective move to minimize PK legal efforts in the process of settling labor disputes, according to the study's findings, debate, and conclusions.
Strategy for Sustainable Use of Mangrove Ecosystem In Coastal Tatengesan, Southeast Minahasa Regency Pamungkas, Yogo; Paruntu, Carolus Paulus; Rumengan, Antonius Petrus; Manembu, Indri Shelovita; Sondak, Calvyn Fredrik Aldus; Ginting, Elvy Like
Jurnal Ilmiah Platax Vol. 12 No. 1 (2024): ISSUE JANUARY-JUNE 2024
Publisher : Sam Ratulangi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35800/jip.v12i1.51570

Abstract

The mangrove ecosystem area in the coastal area of Tatengesan Village, Pusomaen District, Southeast Minahasa Regency has been developed as a mangrove ecotourism area which has been managed by Village-Owned Enterprises (BUMD) since January 2019 with assistance from the Mandiri Rural National Community Empowerment Program (PNPM) team. The development of this mangrove ecotourism activity was stopped for a moment due to the impact of the COVID-19 pandemic, but currently, COVID-19 cases are considered endemic so this mangrove ecotourism activity will be developed again. This research aims to formulate some strategies for the sustainable use of the mangrove ecosystem on the Tatengesan coast, Southeast Minahasa Regency. This research lasted for 5 months, from September 2022 - February 2023. This research used descriptive qualitative methods with survey technique, i.e., in-depth direct interviews with resource persons (respondents). The formulation of priority strategies (key success factors) was analyzed using S.W.O.T and strategy choice analysis. This research produced 9 (nine) priority strategies as academic texts, which can be recommended to governments related to the marine and fisheries sector as elements of public policy-making officials. Keywords: Tatengesan village, mangrove ecotourism, sustainable use, priority strategies. Abstrak Kawasan ekosistem mangrove di wilayah pesisir Desa Tatengesan, Kecamatan Pusomaen, Kabupaten Minahasa Tenggara dikembangkan sebagai kawasan ekowisata mangrove yang dikelola oleh Badan Usaha Milik Desa (BUMD) sejak Januari 2019 dengan pendampingan oleh tim Program Nasional Pemberdayaan Masyarakat (PNPM) Mandiri Perdesaan.  Kegiatan ekowisata mangrove ini pengembangannya terhenti sejenak dikarenakan adanya dampak pandemi Covid-19, namun saat ini kasus Covid-19 sudah dianggap endemi sehingga kegiatan ekowisata mangrove ini akan dikembangkan kembali.  Tujuan penelitian ini yaitu merumuskan strategi pemanfaatan berkelanjutan ekosistem mangrove ke arah berkelanjutan di pesisir Tatengesan Kabupaten Minahasa Tenggara.  Riset ini berlangsung selama 5 bulan, dari September 2022 - Februari 2023.  Riset ini menggunakan metode kualitatif deskriptif dengan teknik survei, yaitu wawancara langsung secara mendalam (in-depth interview) kepada narasumber (responden).  Perumusan strategi prioritas (faktor kunci keberhasilan) di analisis dengan menggunakan S.W.O.T dan analisis pilihan strategi.  Penelitian ini menghasilkan 9 (sembilan) strategi prioritas sebagai naskah akademik, yang dapat direkomendasikan kepada pemerintah terkait pada sektor kelautan dan perikanan sebagai unsur pejabat pembuat kebijakan publik. Kata kunci: Desa Tatengesan, ekowisata mangrove, pemanfaatan berkelanjutan, strategi prioritas.
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 Siagian Siregar, Ananda Alfiyah Jasmine; 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.v1i1.17743

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 Syaharani, Nikita; 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.v1i1.19554

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) Natalia El, Rehuel; 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.v1i1.19556

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 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.
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 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