Article Per Year (5 Year)
p-Index From 2021 - 2026
0.92
P-Index
This Author published in this journals
All Journal Veritas et Justitia Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Mustika Prabaningrum Kusumawati
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Veritas et Justitia

 1 
MEMAKNAI KEKHILAFAN HAKIM DALAM PUTUSAN NOMOR 308 K/Pdt.Sus-PHI/2018 Mustika Prabaningrum Kusumawati
Veritas et Justitia Vol. 9 No. 2 (2023): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v9i2.5671

Abstract

These days, the industrialization era is rapidly developing and has impacted industrial relations disputes that are becoming increasingly complex and unavoidable. In the case of industrial relations disputes, difference in the decision between the first instance and the cassation level (there is no appeal for industrial relations disputes) occurs frequently. As such is the case between Siti Harini and PT Batik Danar Hadi, in which the verdicts of the first instance and cassation (Case Number: 37/Pdt.Sus-PHI/2017/PN.Smg and Case Number: 308 K/Pdt.Sus-PHI/2018) and the results of the previous first instance decisions (Case Number: 19/Pdt.Sus-PHI/2017/PN.Smg) differed from one another. In Case Number: 37/Pdt.Sus-PHI/2017/PN.Smg, Siti Harini's lawsuit was granted; in Case Number: 308K/Pdt.Sus-PHI/PN.Smg, PT Batik Danar Hadi's cassation application was granted; howeverin Case Number: 19/Pdt.Sus-PHI/2017/PN.Smg, Siti Harini's lawsuit was dismissed. If the lawsuit is filed while the case at hand is still in the middle of examination at the cassation level, it can be said that the suit is too early (premature) and consequently should be declared inadmissible (Niet Ontvankelijke Verklaard), but in fact it was granted instead. Hence, it can be concluded that there is an error in the judgment making. Conclusively, it can be stated that the implication of an error in the judgment in the first instance creates legal uncertainty and injustice in the decision.
Co-Authors Al Syifa Indriyani Bintang Damario Primayudha Himawan Gerrenove Vippianto