Andari Yurikosari
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia

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GUGATAN PERBUATAN MELAWAN HUKUM PENGADILAN HUBUNGAN INDUSTRIAL BENGKULU (PUTUSAN NOMOR 6/PDT.SUS-PHI.2020/PN BGL) Hartanto Wibowo; Andari Yurikosari
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.v4i2.13609

Abstract

The Industrial Relations Court is not authorized to examine and decide on other cases but Supreme Court Circular Number 3 of 2018 adds a little bit regarding the instructions that apply within the Supreme Court and below, namely the Industrial Relations Court can examine and decide on lawsuits for unlawful acts. The problems: how is the argument for the lawsuit against the law based on the judge's consideration in deciding the rights dispute between Ufa Fachrulrozy and PT Julang Oca Permana based on statutory regulations and what are the legal consequences for the judgment of the judge who rejects the argument for an unlawful act as an authority in the industrial relations court? This article uses synchronization normative legal, using secondary data and primary data, analyzed qualitatively, and concluded logically deductively. In conclusion, the results of the study show that the panel of judges in Decision Number: 6/Pdt.sus-PHI/2020/PN Bgl is more inclined to use the Law than the Supreme Court Circular Letter and the legal consequence is that the plaintiff is harmed and the plaintiff can submit a legal remedy in the form of cassation.
HAK PEGAWAI NEGERI SIPIL YANG TERPIDANA KORUPSI (Studi Putusan PTUN Nomor 146/G/2019/PTUN-MDN) Graceia Vidya Delphia; Andari Yurikosari
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.v4i2.13614

Abstract

A Civil Servant, starting work as a Civil Servant Candidate in Central Tapanuli City, sued the Regent's Decree Number 2391/BKD/2018. After serving time in prison, the Plaintiff is still active again and receives a salary as a Civil Servant. normative juridical research, which is a descriptive analysis using secondary data which is analyzed qualitatively with a deductive method as a conclusion, based on the analysis carried out and it is concluded that 1) The basis uses article 87 paragraph 2 letter b of Law no. 5 of 2014 concerning ASN, the plaintiff must be dismissed as a Civil Servant 2) Based on Article 275 of Government Regulation Number 11 of 2017 concerning Management of State Civil Apparatuses for Civil Servants which has been proven convincing and valid through a Court Decision. Corruption Crimes need to be dishonorably discharged according to the President's procedures.