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Dinamika Konflik dan Penyelesaian Sengketa dalam Perjanjian Kemitraan Usaha Kuliner Desy Crisyanti; Nurlaily Nurlaily; Triana Dewi Seroja
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.260

Abstract

This research examines the dynamics of conflict and dispute resolution in culinary business partnership agreements in Batam. This study combines normative and empirical research methods. Primary data collection was done through direct interviews with informants, while secondary data were obtained through a literature review of legal materials. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the parties still commit breaches of contract within culinary business partnership agreements in Batam. For instance, in the steak franchise partnership case, the receiving partner unilaterally breached the contract with the providing partner by purchasing some of the raw materials from traditional markets. Dispute resolution in culinary business partnership agreements can occur through court and out-of-court proceedings. The T-brand cake business case is an example of dispute resolution at all court levels. Meanwhile, alternative dispute resolution is a method of resolving disputes outside the court proceedings, encompassing various methods such as negotiation, mediation, arbitration, and conciliation. Therefore, it is recommended that the involved parties in culinary business partnership agreements enhance their understanding of dispute resolution methods. Moreover, business actors must ensure they comprehend and comply with the legal provisions in their partnership agreements. In this regard, the government and business associations should play an active role in providing information and training related to dispute resolution and valid partnership agreements, as well as ensuring that fair business policies and practices are implemented in the culinary business sector in Batam.
ASSISTANCE IN RENEWAL PT GOLDWELL PLASTIC INDONESIA’S TEMPORARY EMPLOYMENT CONTRACT IN ACCORDANCE WITH THE APPLICABLE LAWS Desy Crisyanti; Lu Sudirman
ConCEPt - Conference on Community Engagement Project Vol 2 No 1 (2022): Conference on Community Engagement Project
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Employment contract is the binding connection between companies and its workers. Employment contract itself can be divided into two types which are the temporary employment contract and the permanent employment contract. Temporary employment contract often found in larger companies such as PT Goldwell Plastic Indonesia. Temporary employment contract is one of company’s legal document which is very crucial and must be drafted in accordance with provisions of applicable laws and regulations. With the legalization of UU No. 11 Tahun 2020 about Cipta Kerja which includes the revision of UU No. 13 Tahun 2003 about Ketenagakerjaan leads to the re-evaluation of the temporary employment contract that was used in PT Goldwell Plastic Indonesia in order to be accordance with the latest provisions of applicable laws and regulations. In order to achieve that, writer as student of law made an agreement with partner to revised the temporary employment contract in accordance with the latest provisions of applicable laws and regulations.