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All Journal Hasanuddin Law Review Forum Ilmu Sosial
Jamhur
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Law, Crime, Criminology & Criminal Justice Other

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Judicial Discretion and Ultra Petita in Employment Termination Cases: Lessons from Dutch Arbitration System Sabur, Laode Muhammad; Razak, Abdul; Halim, Hamzah; Jamhur
Hasanuddin Law Review VOLUME 11 ISSUE 2, AUGUST 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i2.6521

Abstract

The principle of ex aequo et bono occupies a unique position within Indonesia’s legal landscape: although not expressly codified, it is increasingly invoked by judges to pursue substantive justice in employment termination disputes. This judicial practice, however, raises concerns regarding legal certainty and the boundaries of judicial authority, especially when decisions extend beyond the parties’ claims and risk violating the ultra petita doctrine. This article examines the application of ex aequo et bono in Indonesian labor courts through a normative legal analysis, using both comparative and conceptual approaches. A focal point of the study is Supreme Court Decision No. 223 K/Pdt.Sus-PHI/2017, in which the court terminated an employment relationship despite neither party explicitly requesting such relief. By comparing Indonesia’s judicial approach with the Netherlands, where ex aequo et bono is permitted exclusively within arbitration and only with explicit party consent. This article highlights the structural safeguards embedded in Dutch law that preserve both fairness and legal certainty. The results show that Indonesia’s unregulated use of ex aequo et bono creates inconsistencies and risks judicial overreach, underscoring the urgent need for statutory guidance. This study argues that incorporating explicit party consent and clearer procedural boundaries into Indonesia’s labor dispute resolution framework would better harmonize equity-based reasoning with the principles of legal certainty and judicial accountability.
Evaluation of Partner Satisfaction with MBKM FISIP UNNES Students in 2025 Kuncoro Bayu Prasetyo; Iwan Hardi Saputro; Rahmawati, Eni; Hany Nurpratiwi; Nabila Nurul Hawa; Jamhur; Noviani Achmad Putri; Restu Ayu Mumpuni
Forum Ilmu Sosial Vol. 52 No. 2 (2025): December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/fis.v52i2.35336

Abstract

The Faculty of Social and Political Sciences (FISIP) of Semarang State University (UNNES) has sent students in the MBKM program to various partners, including government agencies, schools, companies, and other partner institutions. The success of the MBKM program is not only measured from an academic perspective, but also from the level of partner satisfaction with the performance of the students involved. This study aims to evaluate partner satisfaction with the performance of MBKM FISIP UNNES students in 2025. This descriptive study aims to evaluate partner satisfaction with the performance of MBKM students. This study uses mixed methods, namely using quantitative and qualitative approaches. The quantitative approach used is descriptive statistical analysis to measure the level of satisfaction from partner answers through frequency distribution. The qualitative approach uses thematic analysis techniques to identify patterns, themes, or insights from partner answers related to their experiences with MBKM students. The results of the study conclude that the implementation of MBKM FISIP UNNES in 2025 achieved a fairly good level of success, especially in efforts to prepare students for the world of work.
Co-Authors Abdul Razak Eni Rahmawati Halim, Hamzah Hany Nurpratiwi Iwan Hardi Saputro Kuncoro Bayu Prasetyo Nabila Nurul Hawa Noviani Achmad Putri Restu Ayu Mumpuni Sabur, Laode Muhammad