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All Journal Jambura Law Review Private Law
Santoso PN, Sugeng
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Permasalahan Pemutusan Hubungan Kerja Melalui Artificial Intelligence (AI) Ivan Mulyono, Ferio; Santoso PN, Sugeng
Private Law Vol. 5 No. 1 (2025): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v5i1.6396

Abstract

The use of Artificial Intelligence (AI) is already very prevalent and is used in almost all aspects of life. The existence of AI is inevitable. AI makes it very easy in various aspects of life, including in the management of Human Resources. One of the benefits of using AI for Human Resource Management is in assessing worker performance or achievements. AI can also be used in providing important decisions in industrial relations, namely terminating employment. This study discusses regulations related to the use of AI to carry out termination of employment. This research is a normative legal research with a statute approach, a conceptual approach, and a comparative approach. This study concludes that there are different regulations in several countries, Indonesia places AI not as a legal subject, AI regulations in various countries show a paradigm difference that is divided into two, namely prioritizing AI development or protection against the impact of AI and a risk-based approach to ensure strict supervision of the use of AI, especially those that are high risk to workers, such as layoffs carried out by AI.
Collective Agreement as Evidence with Binding Legal Force in Decision of Industrial Relations Court Sari, Andari Yuriko; Santoso PN, Sugeng
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.20757

Abstract

A Collective Agreement, once registered and ratified at the Industrial Relations Court, should be regarded as authentic evidence possessing binding legal force for all parties, including judges. However, in various rulings from both the District Court and Supreme Court levels, the Collective Agreement has been consistently disregarded as evidence with enduring legal implications and enforceability on the involved parties. The central issue investigated in this research pertains to how judges perceive the Collective Agreement as evidence and the position it holds as binding evidence in the decisions of the Industrial Relations Court. This research employs a normative legal analysis approach (statute case) and conducts a case study by examining multiple industrial relations court decisions that have overlooked Collective Agreements as evidence with binding legal force. In contrast to several prior studies and writings conducted by other entities, which have primarily confined the role of the Collective Agreement to being binding on the parties and admissible as evidence in the Industrial Relations Court, this research scrutinizes the Collective Agreement, asserting that it should be established with unequivocal legal force for the involved parties, rendering it conclusive and precluding further legal actions. Nevertheless, in various Industrial Relations Court Decisions, these agreements are, in fact, overlooked and not treated as evidence with binding legal force, thereby introducing legal ambiguity for the parties involved. Additionally, despite the ideal scenario of the Collective Agreement being crafted as an authentic deed to ensure its binding nature, practical instances reveal instances where Collective Agreements are private deeds, each possessing distinct evidentiary powers.
Permasalahan Pemutusan Hubungan Kerja Melalui Artificial Intelligence (AI) Ivan Mulyono, Ferio; Santoso PN, Sugeng
Private Law Vol 5 No 1 (2025): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v5i1.6396

Abstract

The use of Artificial Intelligence (AI) is already very prevalent and is used in almost all aspects of life. The existence of AI is inevitable. AI makes it very easy in various aspects of life, including in the management of Human Resources. One of the benefits of using AI for Human Resource Management is in assessing worker performance or achievements. AI can also be used in providing important decisions in industrial relations, namely terminating employment. This study discusses regulations related to the use of AI to carry out termination of employment. This research is a normative legal research with a statute approach, a conceptual approach, and a comparative approach. This study concludes that there are different regulations in several countries, Indonesia places AI not as a legal subject, AI regulations in various countries show a paradigm difference that is divided into two, namely prioritizing AI development or protection against the impact of AI and a risk-based approach to ensure strict supervision of the use of AI, especially those that are high risk to workers, such as layoffs carried out by AI.
Co-Authors Ivan Mulyono, Ferio Sari, Andari Yuriko