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All Journal Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Qanun : Jurnal Hukum Keluarga Islam
Tahir, Palmawati
Fakultas Hukum Universitas Sultan Ageng Tirtayasa
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Termination of Employment of PT. Lotte Mart Indonesia Sunandar, Sunandar; Tahir, Palmawati; Arifinal, Mochamad
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i1.22035

Abstract

The purpose of this study is to analyze the decision of the panel of judges in deciding Case Number 69/Pdt.Sus-PHI/2020/PN Jkt.Ps based on the Labor Law and find legal protection efforts and rights obtained by workers at PT. Lotte Mart Indonesia against Unilateral Layoffs. This study uses normative legal research methods with statutory and conceptual approaches supported by primary and secondary legal materials and uses qualitative analysis techniques in order to be able to see the problems that occur in the field. The results of this study indicate that the case of PT. Lotte Mart Indonesia is one of the cases of unilateral layoffs that violate the provisions of the Labor Law. The absence of clear sanctions in the law provides an opportunity for companies to unilaterally lay off their employees. For workers who are dismissed unilaterally, they are required to obtain legal protection regulated in the Manpower Law as the President's commitment to improving quality in the economic sector. Companies that carry out layoffs unilaterally also need to receive appropriate sanctions as a result of violating the law and not fulfilling the rights of citizens guaranteed by the constitution.
Konsistensi Hukum Hadhanah Di Indonesia: Studi Yuridis Normatif Terhadap Putusan Pengadilan Hasna Putri, Nabila; Tahir, Palmawati; Muslih, Muhamad
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 2 November 2023 "Gender Relations in Marriage: The Role of the Wife in Financial Support"
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62870/qanun.v1i2.24727

Abstract

Hadhanah is one of the important aspects regulated in Indonesian law. This can be seen from the existence of Hadhanah which is regulated in Article 105 letter (a) of the 1991 Presidential Instruction of the Republic of Indonesia concerning the Compilation of Islamic Law which regulates that after a divorce, the care of a child who is not mumayyiz or not yet twelve years old is the right of the mother. This is different from the judge's decision number 4391/Pdt.G/2021/PA.JS which stipulates that custody of children who are not yet mumayyiz is given to the father as the defendant. Based on these problems, the researcher formulated an identification problem, namely what was the basis for the judge's considerations and how the legal consequences of the court decision were connected to the Marriage Law and the Compilation of Islamic Law. Then the researcher used the theory of justice and the theory of legal certainty. Then the research method used is normative juridical, with research specifications in the form of a statutory approach and a case approach. The conclusion of this research is that the judge gave custody of the child who had not yet mumayyiz into the hands of the father based on several considerations by not only prioritizing legal formalities, but also considering the best interests of the child. 
Co-Authors Hasna Putri, Nabila Mochamad Arifinal Muslih, Muhamad Sunandar, Sunandar