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Contact Name
Ferry Anggriawan
Contact Email
blj@unmer.ac.id
Phone
+6281333772237
Journal Mail Official
blj@unmer.ac.id
Editorial Address
Jalan Terusan Dieng No. 62-64 Klojen, Pisang Candi, Kec. Sukun, Kota Malang, Jawa Timur 65146
Location
Kota malang,
Jawa timur
INDONESIA
BHIRAWA LAW JOURNAL
ISSN : 27754464     EISSN : 27752070     DOI : https://dx.doi.org/10.26905/blj
Core Subject : Social,
Welcome to the official website of Bhirawa Law Journal. With the spirit of further proliferation of knowledge on the legal in Indonesia to the wider communities, this website provides journal articles for free download. Bhirawa Law Journal is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. Bhirawa Law Journal is formed in 2020 and many manuscripts published until recent days. A Scientific periodical is intended as a means of scientific communication and a means of fostering, developing, and strengthening knowledge in the field of law. Academics, legal practitioners, or anyone interested in the field of law may submit his papers to the editor with the guidelines in writing. Coverage includes, but is not limited to Employment and industrial law, Corporate governance and social responsibility, Intellectual property, Corporate law and finance, Insolvency, Commercial law and consumer protection, Environmental law, Taxation, Competition Law, and Regulatory theory. Researchers in all law fields are encouraged to contribute articles based on recent research
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
Analisis Akibat Hukum Pemutusan Hubungan Kerja Sepihak oleh PT. Panca Mitra Multi Perdana Arifan Oktafianto; Eka Nur Toyyiba
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

This study aims to analyze the legal consequences for workers in the Industrial Relations Court Decision Number 88/Pdt.Sus-PHI/2025/PN Sby regarding unilateral termination of employment due to rationalization carried out by PT Panca Mitra Multi Perdana. This research is motivated by the termination of employment of 17 workers without prior socialization and the non-fulfillment of wages and severance pay rights. This study uses a normative juridical method with a statutory approach and a case approach to the court decision that is the object of the study. The results show that the industrial relations dispute occurred because the company terminated employment for efficiency reasons but had not fulfilled the obligation to pay wages and workers' compensation in accordance with the provisions of Government Regulation Number 35 of 2021. In the lawsuit, the workers demanded that the employment relationship be declared terminated and the company be punished to pay severance pay, long service awards, and replacement rights. This study shows that legal protection for workers in employment termination disputes is not only determined by the litigation mechanism in the Industrial Relations Court, but also by the effectiveness of the implementation of workers' rights after the decision is rendered.
Analisis Putusan Pengadilan Negeri Surabaya No.746/Pdt.G/2021/PN.Sby Terkait Wanprestasi dalam Perjanjian Pengikatan Jual Beli Tanah di Kota Surabaya Dhaniar Eka Budiastanti; Daniel Ananda Sebayang
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

The practice of breach of contract in a Binding Sale and Purchase Agreement (PPJB) often leads to legal disputes that demonstrate a clash between legal certainty and the principle of utility. This research aims to analyze the inconsistency in the application of civil law norms in the Surabaya District Court Decision No. 746/Pdt.G/2021/PN.Sby, along with its juridical implications. This normative legal research employs a statutory approach, a case approach, and a conceptual approach. The collection of primary and secondary legal materials was conducted through library research, which were subsequently analyzed using a descriptive-analytical method. The results indicate that although the defendant was proven to have committed a breach of contract by failing to fulfill their obligations under the PPJB, the judge's considerations tended to emphasize the principle of utility to protect the bona fide purchaser, without providing proportional legal certainty for the plaintiff. The juridical implication of this decision is the emergence of obscure norms and weak legal certainty in the resolution of land PPJB disputes. The lack of synchronization between the Indonesian Civil Code and the Basic Agrarian Law causes ambiguity in the legal standing of the PPJB, thus potentially triggering new disputes in the future. Furthermore, legal protection for bona fide purchasers becomes suboptimal due to the absence of explicit regulations regarding the legal status of the PPJB and the limits of purchaser protection.

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