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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum TATOHI: Jurnal Ilmu Hukum Private Law
Pratama, Febrian Rizki
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perjanjian Penyelesaian Utang Bantuan Likuiditas Bank Indonesia (BLBI) Dengan Penyerahan Aset: (Studi Putusan Mahkamah Agung Nomor 1555 K/PID.SUS/2019) Febrian Rizki Pratama; Sahruddin Sahruddin
Private Law Vol. 2 No. 1 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.543 KB)

Abstract

This research aims to find out the debt settlement agreement of Bank Indonesia Liquidity Assistance (BLBI) with delivery asset which released Syafruddin Arsyad Tumenggung from all lawsuit. The method of this research is normative legal research using statute, conceptual, and case approaches. The result of this research experienced that debt settlement agreement of Bank Indonesia Liquidity Assistance (BLBI) with delivery asset is an agreement which is created by human. The consideration of Supreme Court Judges to Syafruddin Arsyad Tumenggung which was released from all lawsuits due to the agreement, therefore the appropriate settlement is in the civil court.
Normative Contestation between Severance Pay and Employment Social Security in Indonesian Labour Law Kurnia, Ade Chandra; Sesung, Rusdianto; Pratama, Febrian Rizki
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3651

Abstract

Introduction: This article analyzes the normative contestation between severance pay and employment social security benefits within Indonesian labour law following recent legislative reforms. The blurring distinction between employer-based severance obligations and contributory social security schemes has generated legal uncertainty, inconsistent judicial decisions, and potential erosion of worker protection principles in termination of employment cases.Purposes of the Research: The purpose of this research is to examine whether employment social security benefits, particularly Old-Age Security Benefits and Pension Security Benefits, may be lawfully interpreted as substitutes for or deductions from severance pay. The study aims to clarify doctrinal boundaries and reaffirm the protective function of labour law grounded in justice and employer responsibility.Methods of the Research: This research employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include labour legislation, constitutional provisions, and industrial relations court decisions, supported by scholarly literature. Legal interpretation and systematic analysis are applied to identify normative inconsistencies and formulate prescriptive legal conclusions.Findings of the Research: The findings reveal a fundamental normative misreading that conflates severance pay with employment social security benefits. This research offers originality by demonstrating that such substitution reallocates termination risk to workers, undermines legal certainty, and weakens labour protection. It proposes reaffirming severance pay as an independent, mandatory labour right.
Default of the Construction Service Provider as a Reason for Termination of the Construction Work Contract Pratama, Febrian Rizki; Abdillah, Maulana Farhan; Nuralify, Mohammad; Damayanti, Astri; AR, Febriyanti Putri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5165

Abstract

Termination of a construction contract can be carried out if it arises as a result of failure to fulfill the obligations of one of the parties, in this case a wanprestatie occurs. Therefore, what form of wanprestatie is committed by the service provider is the reason for terminating the contract and what legal remedies can be taken to terminate the construction contract due to wanprestatie. The aim of this research is to analyze the form of wanprestatie by service provider as a reason for terminating the contract and analyzing the legal remedies taken by the construction service provider to terminate the contract due to wanprestatie. This research uses normative legal research using statute approaches, conceptual approaches, and case approaches. The first result is that the form of contract termination is in the form of a fundamental error with a benchmark, namely a form of wanprestatie committed by the service provider as a reason for terminating the contract by the service user, namely in the form of a fundamental error, such as work delays with a benchmark, namely the service provider has not been able to fulfill the work progress specified. It is agreed by the service user or service provider that they have not carried out their work after one month of signing the contract so that the service user gives a warning letter to the service provider to be given time to correct their negligence within the specified time period, which is done by giving a warning letter 3 (three) times. The second result is that service providers can take legal remedies against unilateral contract termination if they go through non-litigation, then they can take deliberation, mediation, conciliation and arbitration. Not only that, settlement can also be done through a dispute council. If using litigation, the service provider can make file a lawsuit in the District Court.
Co-Authors Abdillah, Maulana Farhan AR, Febriyanti Putri Damayanti, Astri Kurnia, Ade Chandra Nuralify, Mohammad Sahruddin Sahruddin Sesung, Rusdianto