Khazanah Hukum
Vol 4, No 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022)

Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session

I Made Adiwidya Yowana (Sekolah Tinggi Ilmu Sosial Politik (STISPOL) Wira Bhakti Denpasar)



Article Info

Publish Date
31 Mar 2022

Abstract

This study examines the legal consequences of industrial relations court decisions that exceed the time limit of 50 working days from the first trial. This research is normative legal research, which is conducting research by examining various laws and regulations and legal principles related to the settlement of industrial relations disputes. The study results indicate that the industrial relations court's decision is still legally valid even though the decision has passed the time limit of 50 working days from the first trial as regulated in Article 103 of the PPHI Law. This is because the procedural law adheres to lex stricta, which must be interpreted strictly, including the prohibition on the interpretation of analogies. Apart from the principle of lex stricta, the principle of res judicata pro veritate habetur, and the null and void nature of the law, it also confirms that the IRC's decision remains valid even though it violates the provisions of Article 103 of the PPHI Law. Based on the research results, it can be suggested that the Supreme Court immediately issued a Supreme Court Regulation (PERMA) regarding the imposition of administrative sanctions on the industrial relations court judges who violate the provisions of Article 103 of the PPHI Law.

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Journal Info

Abbrev

kh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Khasanah Hukum ISSN 2715-9698 is peer-reviewed national journal published biannually by the Law of postgraduate Program, State Islamic University (UIN) of Sunan Gunung Djati Bandung. The journal emphasizes aspects related to economics and business law, which are integrated into Islamic Law in an ...