Lie, Ribka Yonathan
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RECONSTRUCTION OF THE REGULATION GOVERNING AD HOC JUDGES IN THE INDUSTRIAL RELATIONS COURT OF INDONESIA Pamungkas, Yogo; Amriyati, Amriyati; Yurikosari, Andari; Setiawati, Anda; Lie, Ribka Yonathan
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.41749

Abstract

This article examines the current construction of ad hoc judges within the Industrial Relations Court (PHI) and the resulting challenges impacting the settlement of industrial relations disputes. The primary objective of this analysis is to identify the legal problems associated with the present framework regulating ad hoc PHI judges and to propose solutions that mitigate these weaknesses. Utilizing a normative qualitative research methodology, this study relies on secondary data, employing both a statutory and conceptual approach to comprehension. Findings suggest that the existing construction of ad hoc PHI judges may compromise the objectivity of their decisions. This potential for bias can adversely affect fair conflict resolution, undermining trust in the judicial process. In light of these findings, the article advocates for a comprehensive reconstruction of the regulatory framework governing ad hoc judges. This would involve legislative reforms aimed at enhancing the performance and quality of PHI ad hoc judges. Such reforms could include stricter selection criteria, ongoing training programs, and mechanisms for accountability to ensure that these judges can make impartial and informed decisions. Ultimately, by addressing the identified legal shortcomings and implementing the proposed solutions, the integrity of the industrial relations dispute resolution process can be significantly improved. This approach not only aims to safeguard justice and fairness in industrial relations but also enhances the overall efficacy of the legal system in Indonesia. The insights underscore the urgent need for legislative action to foster a robust and unbiased framework for ad hoc PHI judges, ensuring equitable outcomes for all parties involved in industrial disputes.
PERUBAHAN FRASA PUTUSAN OLEH HAKIM MAHKAMAH KONSTITUSI SAAT SIDANG PENGUCAPAN PUTUSAN (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 103/PUU-XX/2022): Changes in Decision Phrases by Constitutional Court Judges During the Decision Pronouncement Session Lie, Ribka Yonathan; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/wg29gb66

Abstract

The Judges' Deliberative Meeting (RPH) is a plenary meeting which is held behind closed doors and is confidential with the aim of discussing a case, making a decision and determining a verdict. With the existence of a Judges' Deliberative Meeting (RPH), this will make it easier for Constitutional Justices to give opinions on submitted applications and draft decisions before they are pronounced in a decision-making hearing open to the public. The formulation of the problem in this journal is whether the change in the phrase of the decision by the Constitutional Judge at the time of pronouncing the decision is in accordance with Law Number 24 of 2003 concerning the Constitutional Court and what are the legal consequences of the change of phrase in decision Number 103/PUU-XX/2022 during the hearing decision by a Constitutional Court Judge. The type of legal research used in this research is normative legal research using secondary and primary data, analyzed qualitatively and conclusions drawn deductively. The results of this research are the change in the phrase "Therefore" to "In the future" in decision no. 103/PUU-XX/2022 is not in accordance with Article 45 paragraph (4) to paragraph (10) of Law no. 24 of 2003 concerning the Constitutional Court and has not implemented the Standard Operating Procedure (SOP) and mechanisms as the Constitutional Court decision should be read and uploaded. This means that there was an administrative error in the process of uploading the decision text to a page that can be accessed by the public and as a result of the change in the phrase of decision No. 103/PUU-XX/2022 during the announcement hearing by the Constitutional Court judges was that because the change was substantive in nature it would give rise to a different meaning and the decision that was uploaded due to an administrative error also had legal consequences for public reports and the Honorary Council's examination. Apart from that, the actions carried out by the reported judge violated the Sapta Karsa Hutama or what is usually called the Code of Ethics and Behavior of Constitutional Judges.