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All Journal International Journal of Humanities Education and Social Sciences Warkat
Koeswahyono , Imam
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Industrial Relations Dispute Resolution Reform in Court: A Review of Structural and Substantial Weaknesses in Law Number 2 of 2004 Justisi, Eigen; Safa’at , Rachmad; Koeswahyono , Imam; Djatmika , Prija
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 6 (2024): IJHESS JUNE 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i6.1057

Abstract

Conflict resolution in the context of industrial relations within the framework of labor law after the enactment of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has been known through two mechanisms, namely voluntary settlement through bipartite mechanisms, conciliation, mediation, and arbitration, as well as compulsory settlement mechanisms through the Industrial Relations Court. However, the existence of the Industrial Relations Court poses several challenges, including workers' low understanding of the formal and material aspects of labor law, protracted processes, and substantial deficiencies in applicable law. Issues that arise around the resolution of industrial relations disputes include various factors, ranging from disputes regarding rights, interests, termination of employment, to disputes between unions in a company. In addition, the limited competence of the Industrial Relations Court also hinders effective resolution of labor disputes. This research adopts a normative juridical approach, which relies on positive legal analysis, especially Law Number 2 of 2004, as well as a review of judicial principles. The research findings identified a number of weaknesses, both in terms of structure and legal substance, that require updates in Industrial Relations Dispute Resolution in the Industrial Relations Court. One of the efforts to overcome these challenges is through reforms in the settlement process at the Industrial Relations Court, including the establishment of Industrial Relations Courts in each administrative region. However, Law Number 2 of 2004 is still considered unable to accommodate judicial principles
Application of the Principle of Nationality in the Ownership of Flat Units by Foreigners Yunas, Sarah Safira; Koeswahyono , Imam; Masykur, M. Hamidi; Ikaningtyas
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The regulation of space ownership, particularly for foreigners owning apartment units in Indonesia, lacks clear substance in Law No. 6 of 2023 (Omnibus Law) and its derivatives. This is due to the principle of Nationality, which is the main principle in acquiring property rights based on the Agrarian Law Policy. Although foreigners’ property ownership rights are limited, this raises conflicts as stated in Article 9 paragraph (1) of the Agrarian Law. This research employs normative juridical method with statute and conceptual approaches to address these issues. The analysis of legal materials and regulations found that the Agrarian Law asserts that foreigners can only obtain the Right to Use land. However, the Agrarian Law lacks dynamism when applied to space ownership rights. Ministry of Land Regulation No. 29 of 2016 offers a solution by limiting foreigners’ ownership of apartment units to the Right to Use Apartment Units (RIGHT TO USE A FLAT UNIT). This process differs from that for Indonesian citizens, which is based on the principle of Nationality. After this regulation was repealed, the Omnibus Law (OMNIBUS LAW) and its derivatives failed to provide concrete legal certainty and overlooked the principle of Nationality. Omnibus Law disregards the principle of Nationality and conflicts with the Agrarian Law and the Apartment Law (UU Rusun) as foundational regulations (lex specialis derogate legi generali).
Co-Authors Djatmika , Prija Ikaningtyas Justisi, Eigen M. Hamidi Masykur, M. Hamidi Safa’at , Rachmad Yunas, Sarah Safira