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All Journal Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Mahanani, Anajang Esri Edhi
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Law, Crime, Criminology & Criminal Justice

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Legal Consequences For Companies For Violations Of Collective Bargaining Agreements Rahmawati, Andiani Putri; Mahanani, Anajang Esri Edhi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i2.781

Abstract

ABSTRACT Collective Labor Agreements (PKB) made between companies and workers' unions must refer to the Law governing Manpower in Indonesia in order to guarantee workers' basic rights, guarantee equality and opportunity and treatment without discrimination for the welfare of workers. If the Collective Labor Agreement made is contrary to applicable laws, it can result in the Collective Labor Agreement being null and void by law. In this research, the writer wants to examine the Juridical Review of the Collective Labor Agreement between PT x and the Workers' Union y. The type of legal research in this thesis is normative legal research and uses qualitative data analysis methods. In the application of the Collective Labor Agreement (PKB) by PT x with the Labor Union y, there are several discrepancies between the contents of the clauses contained in the Collective Labor Agreement (PKB) and the provisions contained in the Law governing Manpower in Indonesia. Even though there are some discrepancies in the contents of the Collective Labor Agreement clause made between PT x and y. However, the substance and other components contained in the Collective Labor Agreement (PKB) are in accordance with the laws governing employment in Indonesia. Keywords: Collective Labor Agreement, workers, null and void
Legal Protection for Borrowers for Agreements with Standard Clauses on Implementation Fintech Lending Wibiantoro, Donny Yuhendra; Mahanani, Anajang Esri Edhi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.784

Abstract

The purpose of this study is to explore legal protection for loan recipients for agreements with standard clauses in implementationfintech. The research method is normative juridical, with a statutory and conceptual approach. The results of the study show that legal protection in standard agreements shows that it has not been realized properly, this is because there are principlestake it or leave it which then set aside the legal norm in the form of the principle of freedom of contract. Besides, there is no embodiment of the principle of consumer protectionfintech lending, namely transparency and complaint service mechanisms. The legal remedies in the agreement tend to prioritize repressive efforts and override preventive measures by not providing education about the complaint mechanism. which leads to injustice for the recipient of the loan.   Keywords: Legal Protection, Fintech Lending, Standard Agreement.
Co-Authors Rahmawati, Andiani Putri Wibiantoro, Donny Yuhendra