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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) LamLaj
Nayla Putri Abdullah
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Prestasi Karyawan PT Sumber Jaya Dalam Perjanjian Ketenagakerjaan Studi Kasus Nomor.276/Pdt.G/2012/PN.Jkt.Sel. Nayla Putri Abdullah; Natasya Yadila; Happy Sturaya Quratuainniza; Muh Rozi Asri; Dwi Desi Yayi Tarina
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.5261

Abstract

Default refers to a situation where one party to an agreement fails to fulfill or negligently performs its obligations as stipulated in the contract between the creditor and debtor. This study examines a case of default in an employment contract, as seen in the South Jakarta District Court Decision No. 276/Pdt.G/2012/PN.Jkt.Sel, where an employee unilaterally resigned before the contract’s expiration without fulfilling the agreed-upon obligations. The research aims to analyze the legal resolution of default and the judge’s considerations in ruling on the case. Using a normative juridical method with a case study approach, the study concludes that the court ruled the defendant in default and ordered compensation as specified in the employment agreement. The judge’s decision was based on the principles of freedom of contract, pacta sunt servanda, and good faith.
A Juridical Analysis of Formalistic Legality and Substantive Justice in Protecting Children Born Out of Wedlock Nayla Putri Abdullah; Irsyaf Marsal
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.253

Abstract

This study provides a comprehensive and in-depth examination of how the law protects children born out of lawful marriage. Its primary focus is on the provisions contained in Law Number 1 of 1974 concerning Marriage and the reinforcement provided by Constitutional Court Decision Number 46/PUU-VIII/2010. The main issue highlighted in this research is the persistent uncertainty regarding the legal status and civil rights of children born out of lawful marriage, particularly when their parents’ marriage has not been officially registered. To address this issue, the study employs a normative legal research method, using a written regulation approach combined with case studies. This enables an analysis of how the law is applied in practice concerning the status of children born out of wedlock, through examination of court decisions and relevant legal provisions. The findings indicate that Constitutional Court Decision Number 46/PUU-VIII/2010 brought significant changes to the Indonesian family law system. The decision expands recognition of the legal relationship between children born out of wedlock and their biological fathers, provided that strong evidence is available, such as DNA test results. Consequently, the ruling emphasises the importance of respecting the fundamental rights of every child, regardless of their birth status, and encourages the state to guarantee children’s rights to identity and legal status through mechanisms such as itsbat nikah (marriage validation) and the determination of parentage in court. Overall, this study confirms that legal protection for children born out of wedlock represents a concrete application of the principles of substantive justice, legal certainty, and non-discriminatory treatment as mandated by the constitution and the national legal system of Indonesia.  
Co-Authors Dwi Desi Yayi Tarina Happy Sturaya Quratuainniza Irsyaf Marsal Muh Rozi Asri Natasya Yadila