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All Journal TAHKIM Jurnal Relasi Publik
Filzah Irshadi
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Miniriset Hukum Agraria Kepastian Hukum Atas Tanah Kosong di Kota Medan Filzah Irshadi; Feby Adelia Parhusip; Cindy Nababan; Dian Wahyu Harmoni Sembiring
Jurnal Relasi Publik Vol. 2 No. 1 (2024): Februari : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i1.2071

Abstract

Land has a fundamental role in the life of every citizen. Its importance can be seen from the enthusiasm of individuals in acquiring and maintaining land as a gift from God Almighty. As an agricultural country, Indonesia recognizes the importance of land as a source of people's welfare and as a foundation for industrial, agricultural and residential activities. Land issues are complex, especially after independence, with the dualism of agrarian law between colonial law and customary law. To overcome this, the government implemented Law Number 5 of 1960 concerning Agrarian Affairs, which eliminated this dualism and made Customary Law the material basis. This is in line with the principle of unified agrarian law for all regions of Indonesia. However, the issue of land control, especially vacant land or state land, creates legal uncertainty. Clarity of regulations is needed that provide legal protection for individuals who use land with good intentions, confirming the ownership status of the land. This is important so that the use of land for subsistence needs can be regulated legally, maintaining a balance between state interests and individual rights
ANALISIS YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM DALAM SENGKETA HAK PEKERJA MELALUI PUTUSAN NOMOR 287/PDT.G/2024/PN MDN Ira Safitri; Muhammad Yoga Pratama; Filzah Irshadi; Putri Juliani Br Tarigan; Salwa Sabrina; Parlaungan Gabriel Siahaan
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8003

Abstract

This research examines the decision of the Medan District Court regarding the issue of unlawful acts committed by PT. Mandiri Tunas Finance in connection with termination of employment and uncertainty in payment of workers' rights. This problem highlights serious problems in the implementation of court decisions in Indonesia, especially in industrial relations, where legal decisions are often ignored. This research emphasizes the importance of enforcing court decisions to ensure justice and legal certainty in the Indonesian civil law system. The method used in this research is normative juridical. The discussion in this research shows two things, namely: the impact of PT non-compliance. Mandiri Tunas Finance regarding termination of employment and uncertainty in payment of workers' rights and emphasizes the importance of enforcing court decisions in the civil law system in Indonesia. This research concludes that PT. Mandiri Tunas Finance's response to the Medan District Court's decision highlights the need for consistent enforcement of civil law. Failure to pay workers their rights harms them and reduces public trust in the legal system. To prevent similar cases, it is important to ensure good implementation of court decisions to guarantee legal certainty, justice, public safety, and encourage legal development. Keywords: Workers' Rights, Unlawful Actions, Court Decisions
Co-Authors Cindy Nababan Dian Wahyu Harmoni Sembiring Feby Adelia Parhusip Muhammad Yoga Pratama Parlaungan Gabriel Siahaan Putri Juliani Br Tarigan RR. Ella Evrita Hestiandari Salwa Sabrina