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Perlindungan Hukum Terhadap Korban Kejahatan Perang: Perspektif Hukum Humaniter Internasional Muhamad Wildan; Fatih Arif Mutaqin
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2759

Abstract

People who are not involved in war receive legal protection, as regulated in Article 3 of the 1949 Geneva Convention. People who are protected include combatants, militia members and civilians, but the protection has not been implemented properly, because violence often occurs against they. This writing explains the protection of people who are not involved in war, but this protection is still far from what it should be because violence still occurs against civilians who are victims of inhumane actions.
Legal Study Of Worker Protection Against Unilateral Termination Of Employment : Case Study Of Decision Number 21/PDT.SUS-PHI/2025/PN.SRG Fatih Arif Mutaqin; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2349

Abstract

Unilateral termination of employment (PHK) carried out by employers without proper legal procedures constitutes a violation against workers and can lead to labor disputes. This study aims to analyze the legal basis for worker protection resulting from unilateral layoffs and to understand the legal considerations of the panel of judges in deciding the case based on Serang District Court Decision Number 21/Pdt.Sus-PHI/2025/PN SRG. This study uses a normative legal method with a case study approach, supplemented by qualitative analysis of primary and secondary data. Primary data were obtained from court ruling documents, while secondary data included laws and regulations, books, legal journals, and teaching materials. The analysis was conducted descriptively and prescriptively to evaluate the conformity between the judge's application of the law and applicable positive legal norms. The research results indicate that the judge, in deciding this case, applied legal aspects, referring to the provisions of Articles 151, 153, and 158 of Law No. 13 of 2003 as the primary consideration. The panel of judges declared the unilateral layoffs by the employer invalid because they failed to meet formal and material requirements, thus granting the workers their full rights, including wages, during the industrial relations dispute. However, the judge failed to fully consider sociological and philosophical aspects, such as the workers' economic conditions and the principle of "greater protection" for workers as the more vulnerable party