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- STUDI KOMPARASI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL(PERSELISIHAN HAK) MENURUT SISTEM HUKUM INDONESIA DAN KOREA SELATAN: - Nina Stevany Malipolla; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18504

Abstract

Work contracts that are not in accordance with labour laws, discriminatory status and industrial relations, substandard wage rates and wage systems, and the non-fulfillment of other normative rights are examples of labour rights violations. Furthermore, this research is normative research that is descriptive in nature, with secondary data whose data sources are primary, secondary, and tertiary legal materials, qualitatively analyzed data collection through literature studies, and deductively derived conclusions. The problem statement in this research is how the similarities and differences between the rights conflicts in Indonesia and South Korea And how its advantages and disadvantages. The Labour Inspection Service is responsible for enforcing labor regulations that guarantee the fulfilment of labour rights and taking stern action against companies/employers who violate these regulations. As a result, labor rights violations continue to occur despite the Labour Inspection Service's efforts. Indonesia has permanent legal force where disputes can be resolved through litigation or non-litigation, and has deficiencies in terms of the type of settlement, whereas South Korea has more detailed legal force, but its weakness is that few cases of labour disputes are brought to court without going through the Labour Relations Commission (LRC).
Perlindungan Hukum terhadap Pembeli dalam Perjanjian Pengikatan Jual Beli yang Tidak Ditindaklanjuti Menjadi Akta Jual Beli Nina Stevany Malipolla; Yuliana Setiadi; Taqiyuddin Kadir
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 4 No. 3 (2026): Juni : Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v4i3.3291

Abstract

The Sale and Purchase Binding Agreement (PPJB) is a preliminary agreement before the implementation of the Sale and Purchase Act (AJB). In practice, many PPJBs are not followed up with the creation of AJB because sellers do not fulfill contractual obligations, thus raising legal protection issues for buyers. This study aims to analyze the legal consequences of PPJB that are not followed up into AJB as well as a form of legal protection for buyers. The method used is normative juridical research with legislative, case, and analytical approaches, using primary, secondary, and tertiary legal materials. The analysis is carried out through systematic interpretation and analogous legal construction. The results of the study show that PPJB that is not followed up with AJB causes default by the seller, which has implications for the birth, change, or removal of the legal relationship between the parties. Even though the buyer has fulfilled the obligation, the land rights have not been transferred juridically because the AJB has not been made before the Land Deed Making Officer (PPAT). As a result, the buyer only acquires contractual rights, not material rights. Legal protection for buyers can be pursued through a default lawsuit that has the potential to result in the cancellation of PPJB, refund of payments, the provision of compensation along with interest, and other legal remedies to restore the rights of buyers in accordance with the principles of legal protection of Satjipto Rahardjo.