Claim Missing Document
Check
Articles

Found 2 Documents
Search

ANALISIS ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN DALAM HUKUM ACARA PERDATA: STUDI KASUS PENGAJUAN REKONVENSI Lubis, Fauziah; Harahap, Aisyah; Sains, Ihsan Hidayah; Aulia, Nuha; Pulungan, Ro’fat Ja’far Al-hadidi; Syarzain, Yuyun Sari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.620

Abstract

This observe examines the software of the standards of simplicity, velocity, and occasional price within Indonesian civil procedural regulation, especially concerning the submitting of reconvention as a counter-claim. those ideas are critical for the management of justice, as mandated with the aid of Article 2 paragraph (four) of law No. forty eight of 2009 on Judicial strength. Reconvention, which is a counter-declare made through the defendant against the plaintiff inside the same case, holds massive potential for embodying these three ideas. The studies employs a literature assessment method, studying numerous prison texts, policies, and case research of reconvention practices across extraordinary courts. Findings suggest that reconvention methods, when filed alongside the defendant's reaction and addressed in a single series of hearings, can exemplify the precept of simplicity by means of keeping off complex processes, the principle of speed by way of shortening trial periods, and the precept of low value through preventing the duplication of prices.Case studies conducted at the Sidrap Religious Court and in land dispute cases demonstrate the effectiveness of reconvention in enhancing judicial efficiency. The study concludes that reconvention serves as an effective procedural law tool for achieving the principles of simplicity, speed, and low cost, while also emphasizing the need to uphold the principles of justice and legal certainty in its implementation.
A Review of Legal Protection for Workers with Fixed Term Employment Contracts Under Law No. 13 of 2003 on Manpower Dalimunthe, Nikmah; pulungan, Ro’fat ja’far Al-hadidi; Anwar, Khahmilul; Haryono, Daffa Naufal; Siregar, Dina Aulia Rahmi; Harahap, Aisyah; Harahap, Hafni Meylani
The Future of Education Journal Vol 4 No 9 (2025): #2
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v4i9.1314

Abstract

This study focuses on how the law protects contract workers based on the provisions of Law No. 13 of 2003 concerning Manpower. Using a normative approach based on legislation and conceptual methods, this study draws on secondary data such as Law No. 13 of 2003, Government Regulation No. 35 of 2021, legal references, and scientific works. The findings indicate that labor regulations in Indonesia provide fairly comprehensive protection for PKWT workers, including BPJS membership, the right to fair wages, occupational health and safety, and freedom of association. However, there is a clear discrepancy between the legal norm (das sollen) and its implementation (das sein). The main challenges that arise include diverse interpretations of the term “de jure” so that changes in employment status do not proceed as they should, unclear responsibilities in the outsourcing system, weak labor supervision due to limited resources and low compliance among business actors, and low legal understanding and access to justice for workers. Although the available regulations are quite comprehensive, the effectiveness of protection for PKWT workers is still not optimal, requiring significant improvements both normatively and institutionally, particularly regarding the consistency of law enforcement, increasing the capacity of supervisors, improving mechanisms for handling violations, and strengthening legal education for workers.