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All Journal Jurnal Hukum Lex Generalis International Journal of Educational Review, Law And Social Sciences (IJERLAS) Rechtsvinding
Risna Menda Lovinta Siregar
Universitas Pamulang
Religion Arts Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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CERTAINTY OF EMPLOYMENT RELATIONSHIP FOR PKWT WORKERS WHO RESIGN BEFORE THE END OF THE EMPLOYMENT AGREEMENT Risna Menda Lovinta Siregar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3268

Abstract

An employment agreement is defined by Law Number 13 of 2003 concerning employment as an agreement between workers or laborers and employers or employers that contains the terms of employment, rights and obligations of the parties. It is a logical consequence that in an employment agreement, the position of the employer as an employer is always higher than the position of the worker or laborer. There are two reasons behind this, namely economic reasons and psychological reasons. This study aims to determine the certainty of status for PKWT workers who resign before the end of the employment agreement. The research method used in this study is a normative research method that refers to legal principles and laws and regulations. The results of this study indicate that the party that terminates the employment relationship is required to pay compensation in the amount of the worker's/laborer's wages until the end of the employment agreement. This provision regulates the employment agreement for workers who resign before the end of the employment agreement so that workers can be certain regarding their rights and obligations.
The Principle of Good Faith in Policy Execution as the Basis for the Legal Protection of the Insured in Life Insurance Contracts Lulu Syakirah Alatas; Risna Menda Lovinta Siregar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1802

Abstract

The implementation of life insurance policies often leads to legal disputes concerning the application of the principle of utmost good faith and the legal protection of insured parties. Claim rejections are frequently based on the alleged failure of insured parties to disclose material facts, although insurers are likewise required to provide transparent information, conduct proper risk assessment, and perform contractual obligations in good faith. This study aims to analyze the principle of good faith as the legal foundation for protecting insured parties in the implementation of life insurance policies and to examine its role in resolving insurance disputes. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials consist of the Indonesian Civil Code, the Indonesian Commercial Code, Law Number 40 of 2014 concerning Insurance, and relevant court decisions, supported by secondary legal materials collected through library research. The materials were analyzed qualitatively using a prescriptive approach. The findings reveal that the principle of good faith creates reciprocal obligations for both insurers and insured parties throughout policy implementation, including disclosure of material facts, professional underwriting, transparent policy formulation, and objective claim assessment. The study concludes that consistent application of this principle strengthens legal certainty, promotes balanced contractual relationships, and enhances legal protection for insured parties in life insurance practice.
Harmonisasi Pengaturan Pengalihan Objek Jaminan Fidusia dalam Perspektif Hukum Positif dan Hukum Islam Berbasis Rahn Tasjily Dea Dahlia; Risna Menda Lovinta Siregar; Sarah Alzagladi; Muhammad Abdul Zalil
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i2.3502

Abstract

This research is motivated by the high prevalence of debtors transferring fiduciary security objects without the creditor's consent, which potentially results in legal losses for the creditor. This study aims to analyze the differences and alignment of regulations regarding the transfer of fiduciary security objects in positive law and Islamic law, specifically through the concept of rahn tasjily. The method employed is normative legal research with conceptual and comparative law approaches. The results indicate that in positive law, the transfer of fiduciary security objects is restricted and requires written consent from the creditor. Meanwhile, in Islamic law, through the rahn tasjily concept, such transfer is permissible while remaining grounded in the principles of prudence, justice, and the protection of all parties. The novelty of this research lies in the construction of a normative harmonization between positive law and Islamic law to strengthen creditor protection within a dual legal system.
Co-Authors Dea Dahlia Lulu Syakirah Alatas Muhammad Abdul Zalil Sarah Alzagladi