Gibran, Rizal Ananda
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Analisis Jaminan Hak-Hak Pekerja Pada PT. Mas Murni Indonesia (Hotel Garden Palace Surabaya): Studi Kasus Putusan MAHKAMAH AGUNG Nomor 1565 K/Pdt.Sus-PHI/2022 Gibran, Rizal Ananda; Putra Siagian, Imanuel Nelson; Purba, Moses Frederick
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12106759

Abstract

Hotel Garden Palace Surabaya, operated by PT MAS MURNI INDONESIA, declared bankrupt by the Surabaya Commercial Court, conducted mass layoffs without paying severance to approximately 200 employees. According to Law Number 13 of 2003 concerning Manpower, even if a company is declared bankrupt, the curator must continue business operations and fulfill obligations like salary payments. The Industrial Relations Court has absolute authority to resolve labor disputes, including rights disputes, interest disputes, and termination disputes. Workers who were unilaterally laid off by Hotel Garden Palace Surabaya can file a lawsuit with the Commercial Court based on Article 153 of the Manpower Law. Factors affecting the effectiveness of the Industrial Relations Court include the involvement of related parties, the competence of judges, resource limitations, and the involvement of mediation institutions. The implementation of dispute resolution mechanisms through the Industrial Relations Court significantly impacts workers' rights, employers' obligations, and the industrial relations climate. The court ensures proper compensation for workers who are unilaterally laid off and provides legal protection, ultimately increasing workers' confidence in their rights and stabilizing industrial relations at Hotel Garden Palace Surabaya. In conclusion, the Industrial Relations Court plays an essential role in enforcing labor laws and ensuring protection and justice for laid-off workers, even in situations of company bankruptcy.
Analisis Yuridis Keabsahan Peralihan Hak Atas Surat Berharga (Studi Kasus Putusan Nomor 5/PDT.G/2018/PN SLT) Gibran, Rizal Ananda; Avatar, Muhammad Raja; Hayatuddin, Raihan Ramadhan; Hendarwin, Rasendriya
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research examines the validity of rights transfer over negotiable instruments based on the District Court Decision Number 5/Pdt.G/2018/PN Slt. The issue arose when a land certificate registered under the heir was transferred to another heir without mutual consent. The study aims to explain legal provisions regarding the transfer of negotiable rights and analyze judicial considerations in resolving the dispute. The research used a normative juridical method by reviewing legal documents. The findings revealed that the transfer was legally defective due to the absence of approval from all rightful heirs. The court ordered the reversion of ownership and declared the previous transfer legally invalid. The conclusion highlights that the validity of rights transfer must follow legal procedures and fairness principles