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The Existence of Industrial Relations Dispute Resolution Institutions at The Close of The Company (Lock Out) Pamungkas, Yogo; Yurikosari, Andari; Amriyati, Amriyati
Devotion : Journal of Research and Community Service Vol. 4 No. 2 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/devotion.v4i2.409

Abstract

The process of resolving industrial relations disputes in Indonesia can basically be carried out through bipartite followed by mediation or conciliation or arbitration and carried out with industrial relations courts. This normative settlement providesaway out with an orderly state. Industrial relations can arise due to several related matters such as: employment agreements, positive laws and differences in interests. The focus of the problem is whether the definition of the concept of industrial relations conflict has been clearly defined? Has the resolution of industrial relations conflicts been achieved? Is the purpose of closing the company achieved according to its legal objectives? Is the closure of the company to resolve industrial relations conflicts achieved? What limitations are there in court decisions in examining and resolving industrial relations disputes before or after the closure of a company? This study uses the systematic study method of verdict. The results showed that the closure of the company was not effective in resolving industrial relations conflicts
PEMBERIAN SANKSI BERUPA PEMBEBASAN JABATAN OLEH BUPATI DI KOTAWARINGIN TIMUR KALIMANTAN TENGAH Ernawati; Pamungkas, Yogo; Ernawati, Ernawati
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.v5i1.15417

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.
Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia Yurikosari, Andari; Amriyati, Amriyati; Pamungkas, Yogo
Eduvest - Journal of Universal Studies Vol. 3 No. 8 (2023): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v3i8.898

Abstract

The Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes regulates the settlement of disputes in the employment relationship between workers and employers, including disputes over rights, interests, termination of employment, and disputes between trade unions within one company. The Industrial Relations Court is formed to examine and decide on the industrial relations dispute, and the execution of the decision handed down will be carried out. However, the problem is how to carry out the execution in the Industrial Relations Court for decisions that have legal force, and whether it is necessary to establish a separate execution confiscation institution is regulated in the Law on the Settlement of Industrial Relations Disputes. Article 57 of the law states that the procedural law applicable to the Industrial Relations Court is the civil procedural law that applies to courts within the general court environment, unless specifically regulated in this law. The entire legal process for the settlement of industrial relations disputes uses the civil procedural legal process, including the rules regarding the execution. Several studies have highlighted the need for a separate execution confiscation institution to improve the effectiveness of the settlement of industrial relations disputes.