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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Hukum Prioris
Sugeng Santoso PN
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Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN NOTA PEMERIKSAAN DALAM PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL: The Position of Examination Notes in Industrial Relations Court Decisions Sugeng Santoso PN
Jurnal Hukum PRIORIS Vol. 12 No. 1 (2024): Jurnal Hukum Prioris Volume 12 Nomor 1 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i1.21193

Abstract

This research discusses the position of examination notes in the decisions of industrial relations courts. Examination notes are instruments issued by labor inspectors to examine and assess the compliance of an event with the prevailing norms in industrial relations. This study examines how examination notes are recognized and treated in the process of industrial relations court proceedings, particularly in the context of evidence presentation and judicial decision-making. The research method used is juridical-normative with a statutory and case approach. The results show that examination notes are used as formal evidence in the form of documents in industrial relations court proceedings. However, despite being used as documentary evidence, examination notes have different positions in each decision because some judges consider examination notes as decisive factors in making decisions, while others disregard them and do not consider them as one of the considerations in making court decisions. This research provides valuable insights for labor law practitioners and decision-makers in dealing with cases involving examination notes in industrial relations courts.
DISPARITAS PUTUSAN HAKIM DALAM DALUARSA GUGATAN PHK PADA PENGADILAN HUBUNGAN INDUSTRIAL: Disparity in Judges' Decisions in the Expiration of Termination Lawsuits at the Industrial Relations Court Andari Yuriko Sari; Sugeng Santoso PN; Amriyati; Adiasih, Ning; Gabriel Bramantyo Utomo
Jurnal Hukum PRIORIS Vol. 12 No. 1 (2024): Jurnal Hukum Prioris Volume 12 Nomor 1 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i1.21357

Abstract

Initially in the Legislative Regulations, Article 82 of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes should have been the legal basis used by the judge in deciding the case. Article 1969 of the Civil Code stipulates that the expiration period for cases of employment termination is 2 years. Changes occurred later where Law Number 06 of 2023 concerning Ratification of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation became law removing articles related to expiration, namely Article 89 and Article 171. Constitutional Court Decision Number 94/even later decided that the expiration period would only last one year. Various changes to statutory regulations governing changes in regulations regarding the expiration date for filing a lawsuit at the Industrial Relations Court have actually been discussed in several national journal articles in Indonesia, but the impact on filing lawsuits and the results of decisions at the Industrial Relations Court ultimately creates legal uncertainty for the parties. The formulation of the problem in this paper is how judges in their judgment assess whether a lawsuit in the Industrial Relations Court has or has not expired and how the disparity in Industrial Relations Court decisions in terms of expiration affects legal certainty regarding the expiration of the lawsuit.
Settlement of Workers’ Entitlements To Other Wage Components In The Event of Corporate Bankruptcy Mochamad Ilham; Budi Santoso; Sugeng Santoso PN
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.309

Abstract

This thesis discusses the rights of workers in bankruptcy situations which have been regulated in the Manpower Law and the Bankruptcy Law, but their implementation still faces obstacles, especially related to the priority order of payments when compared to other creditors. Constitutional Court Decision Number 67/PUU-XI/2013 confirms that the obligation to pay wages to workers must take priority over all other types of creditors, including separatist creditors. This study aims to answer two problem formulations: (1) Are workers who experience termination of employment (PHK) due to the company going bankrupt in their position as preferred creditors entitled to other wages that have not been paid? and (2) How is the mechanism for payment of workers' rights to other wages that have not been paid compared to other creditors in the bankruptcy process. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study show that workers who experience termination of employment (PHK) due to the company going bankrupt have the position of preferred creditors as regulated in Article 95 paragraph (4) of the Manpower Law and Article 39 paragraph (2) of Law Number 37 of 2004 concerning Bankruptcy and PKPU. This position gives priority rights to workers for payment of wages, including other wages that have not been paid. Thus, workers are entitled to other wages even though the company is in a state of bankruptcy, as long as it is recognized in the list of receivables. In the bankruptcy process, the mechanism for payment of workers' rights takes priority over concurrent creditors, but does not necessarily exclude separatist creditors (holders of property security rights). The order of payment begins with the settlement of bankruptcy costs, then workers' rights, only after that the remaining bankruptcy assets are used to pay separatist and concurrent creditors. With this mechanism, workers obtain legal protection for their wage rights, although in practice there are often obstacles due to the limited value of the available bankruptcy assets.
Co-Authors Adiasih, Ning Amriyati Andari Yuriko Sari Budi Santoso Gabriel Bramantyo Utomo Ilham, Mochamad