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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Proceeding International Seminar of Islamic Studies
Saragih, Minggu
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Religion Arts Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Physics Other

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PROBLEMATICS OF LEGAL REVIEW (PK) POST POST MK RULING NO 34/PUU-XVII/2019 IN RESOLUTION OF INDUSTRIAL RELATIONS DISPUTES Saragih, Minggu; Nadirah, Ida
Proceeding International Seminar of Islamic Studies INSIS 6 (February 2024)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

Legal action for judicial review (PK) after the Constitutional Court decision No. 34/PUU-XVII/2019 in resolving industrial relations disputes. The research method uses a normative legal research type, the research approach is a statutory approach, the nature of the research is descriptive, the data source is secondary data, the data collection tool is document study, qualitative data analysis. The elimination of judicial review as an extraordinary legal remedy in resolving industrial relations disputes has an impact on the sense of justice of the parties. It is proven that there is a test of legal norms in Law no. 2 of 2004 concerning Settlement of Industrial Relations Disputes which is considered as the basis for eliminating legal remedies for judicial review with the emergence of the Decision of the Constitutional Court of the Republic of Indonesia Number 34/PUU-XVII/2019. In the research, it was found that the elimination of judicial review in industrial relations dispute cases actually eliminates justice contained in the principles of simple, fast, fair and cheap, it is better that judicial reviews (PK) continue to be held in order to provide space for extraordinary legal remedies as regulated in the Civil Code. The legal remedy for judicial review as an extraordinary measure in industrial relations dispute cases is actually still provided as a manifestation of legal equality and justice. one example that has become permanent law and cannot submit a PK is decision number 779 K/Pdt.Sus-PHI/2022 in the case between PT Belawan Indah against Supatno, Hanafi, Abu Hasan, et al. According to Gustav Radbruch, there are three elements that must always be considered, namely legal certainty, expediency and justice.
PROCEDURE FOR TERMINATION OF EMPLOYMENT RELATIONS IN THE PANCASILA INDUSTRIAL RELATIONS CONCEPT Saragih, Minggu; Mansar, Adi; Hanifah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5315

Abstract

In the Pancasila Industrial Relations concept, the rights and responsibilities of employers and workers in a work relationship are balanced. This balance is achieved not based on considerations of strength (overall influence), but based on feelings of justice and honor. In addition, Pancasila Industrial Relations believes that company results achieved through cooperation between workers and entrepreneurs must be enjoyed equally by taking into account the sacrifices made by each individual. When a work stoppage occurs, this method is also assisted through a component that is a marker of Pancasila standards in legal guidelines through Law Number 2 of 2004 concerning Settlement of Industrial Relations Problems. This research employed normative juridical research methods Referring to Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time and Termination of Employment Relations, if there is termination of employment in accordance with the reasons for Termination of Employment, then the formulation of the amount of rights that the worker has at the time of termination of employment work adjusted to the reason for termination of employment. As the government's response to the difficulties and dynamics of competency and productivity-based employment relationships, this regulation was promulgated to provide guidelines for ending employment relationships because it is very necessary in efforts to protect rights and government assistance in fulfilling the welfare of workers/employees both during work, especially after the end of work friendships
Co-Authors Adi Mansar Hanifah, Ida Nadirah, Ida