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 5 Documents
Search

 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.
Tinjauan Yuridis Permasalahan dan Tantangan Pengadaan Tanah dalam Kerangka Proyek Strategis Nasional (PSN) Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

This study aims to examine the legal review issues of juridical review of the problems and challenges of land acquisition within the framework of the National Strategic Project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the research show that the state itself has become the largest developer and ensures that its development targets are met, even by coercive means when necessary. In this case, spatial planning becomes an instrument for the state in achieving these development targets which in turn causes injustice for those whose living space is only designed to serve as a center for capital circulation. Therefore, the procurement must be announced in a transparent manner and the land to be acquired must be determined in advance before the work is carried out. This is expected to be a win-win solution for the government and affected communities so that the achievement of national strategic projects (PSN) can run well and smoothly and the affected communities are no longer the ones whose interests suffer the most.
Implementasi Peraturan Pemerintah Republik Indonesia Nomor 50 Tahun 2012 Tentang Penerapan Sistem Manajemen Keselamatan dan Kesehatan Kerja (Studi Kasus PT. PLN Yogyakarta) Bintang Damario Primayudha; Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

This research has a background on the implementation of SMK3 at PT. PLN Yogyakarta, aims to answer questions based on the formulation of the problem, firstly How is the implementation of Government Regulation of the Republic of Indonesia Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System at PT PLN Yogyakarta, and secondly What are the inhibiting factors in the implementation of Government Regulation of the Republic of Indonesia Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System at PT PLN Yogyakarta. The type of research conducted by the author uses a combination of empirical and normative legal research, this research also uses a statutory and conceptual approach. The legal materials used are primary and secondary legal materials, and are analyzed using qualitative methods. The results of this study answered related to the formulation of the problem which showed that, first, PT. PLN Yogyakarta has guaranteed the Occupational Safety and Health of workers or laborers in accordance with the mandate in Article 1 point 2 of Government Regulation Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System, the second majority occurs due to Human error or negligence caused by the field workers itself and that the process of monitoring and evaluating SMK3 at PT. PLN Yogyakarta is appropriate because when the author conducted an interview with Mr. Catur Rizkyanto as the K3L and Security Team Leader.
Implementasi Pasal 4 ayat (1) Undang-Undang Nomor 21 Tahun 2000 tentang Serikat Pekerja/Serikat Buruh Oleh Dewan Pimpinan Daerah Konfederasi Serikat Pekerja Seluruh Indonesia Daerah Istimewa Yogyakarta (Studi Kasus Upah Pekerja/Buruh di Provinsi Daerah I Himawan Gerrenove Vippianto; Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

In the midst of polemics over the imbalance of power between workers and employers, various phenomena of machineization of groups of workers have emerged. For this reason, this research aims to find out how the implementation of Article 4 paragraph (1) of Law Decree Number 21 of 2000 concerning Trade Unions/Labor Unions by KSPSI DIY in the wage sector?; How KSPSI DIY's efforts in preventing and handling wage disputes as a form of implementation of Article 4 paragraph (1) of Law Decree Number 21 of 2000 concerning Trade Unions/Labor Unions? This research uses an empirical method, which means that the research data is collected by studying documents or other literature data and interviews with research subjects. This research concludes that the function and role of DPD KSPSI DIY towards the implementation of Article 4 paragraph (1) of Law Decree Number 21 Year 2000 concerning Trade Unions/Labor Unions on the scale of wage disputes is present through its authority as regulated in laws and regulations, bylaws, and cultural culture that exists in KSPSI DIY as a workers' organization. The establishment of a communicative forum between workers' organizations registered under KSPSI DIY is also encouraged for the sake of preventive and repressive prevention of each working area as a trade union or trade union federation.
Tinjauan Yuridis Penyelesaian Perselisihan Hak (Upah) Antara Pekerja Dan Pengusaha Di Pengadilan Hubungan Industrial Pada Pengadilan Negeri Ygyakarta Kelas IA Al Syifa Indriyani; Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

This research describes the practice of resolving workers/laborers' rights (wages) disputes with employers in the Industrial Relations Court at the Class IA Yogyakarta District Court. The aim of this research is to answer the following problems: First, to find out how rights (wage) disputes between workers and employers are resolved in the Industrial Relations Court at the Class IA Yogyakarta District Court. Second, the authority of the Industrial Relations Court at the Class IA Yogyakarta District Court to provide legal certainty regarding rights (wage) disputes between workers and employers in the City of Yogyakarta. The research method used is: normative-empirical. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research is descriptive analytical and qualitative data analysis. The results of the research show: First, there are many worker/laborer rights disputes due to non-payment of wages, in the resolution mechanism the Industrial Relations Court at the Class IA Yogyakarta District Court experiences problems in executing decisions. Second, the Industrial Relations Court is considered to have succeeded in exercising its authority as stipulated, in order to realize legal certainty for the parties.
Co-Authors Al Syifa Indriyani Bintang Damario Primayudha Himawan Gerrenove Vippianto