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All Journal Jurnal Hukum Lex Generalis jle
Nurhayani Nurhayani
Universitas Esa Unggul
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Penerapan Aturan Ganti Rugi bagi Karyawan Kontrak akibat Pengakhiran Perjanjian sebelum Berakhirnya Masa Perjanjian di PT. SII berdasarkan Undang-Undang Ketenagakerjaan Nurhayani Nurhayani; Rizka Amelia Azis; Elok Hikmawati
Jurnal Hukum Lex Generalis Vol 7 No 5 (2026): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i5.3233

Abstract

This research aims to examine the implementation of Article 62 of Law Number 13 of 2003 concerning Labor, which regulates the obligation to provide compensation by the party that unilaterally terminates a Fixed-Term Employment Agreement (PKWT) before its expiration. This study employs a normative-empirical legal method through a qualitative approach, combining literature review and field research. Although the compensation provision is intended to protect workers, it often creates an imbalance for employers when PKWT employees who resign unilaterally are unwilling or unable to pay the required compensation. The findings indicate that PT. SII consistently applies the compensation mechanism based on Article 62 of the Labor Law, utilizing orderly administrative procedures—ranging from the submission of resignation letters and negotiations on the ability to pay to the drafting of statements that serve as the basis for payroll deductions. Furthermore, this research compares two PKWT legal regimes: under Law Number 13 of 2003 and post-Job Creation Law via Government Regulation Number 35 of 2021 revealing significant changes regarding PKWT duration limits and the introduction of "compensation pay" as new instrument. If a worker refuses to pay the compensation, the company may pursue legal remedies progressively through bipartite and tripartite scheme, up to filing lawsuit in Industrial Relations Court.
Legal Analysis of Marriage Dispensation Requests for Minors in Cases of Premarital Pregnancy (Case Study: Decision No. 82/PDT.P/2024/PA.PROB) Rizky Is’Ad Zachary; Nurhayani Nurhayani
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.329

Abstract

This study investigates the dispensation of marriage for minors, a request for leniency granted by the Religious Court to prospective brides and grooms who are not yet of legal age to marry. This study intends to examine the basis for consideration used by judges in deciding and granting requests for marriage dispensation in Decision Number 82/Pdt.P/2024/PA.PROB, as well as examining the impact of marriage dispensation on mothers and children born, especially in the context of legal protection based on the Child Protection Law. In this study, a normative juridical approach is used to analyze the legal principles underlying the judge's decision and aspects of protecting children's rights. The findings suggest that the basis for judges' considerations is influenced by sociological and sharia factors, and assesses the principles of benefit and protection of the child's future. Furthermore, the impact of marriage dispensation on mothers and children carries the risk of violating children's basic rights, including the right to education, protection from violence, and the right to health, thus requiring serious attention from the legal protection system to ensure these rights are optimally protected. This research emphasizes the importance of a legal approach that prioritizes substantive justice and protection of vulnerable groups in the marriage dispensation decision-making process.
Co-Authors Elok Hikmawati Rizka Amelia Azis Rizky Is’Ad Zachary