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Arinto Nugroho
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Indonesian Journal Of Labour Law and Industrial Relation Fakultas Hukum, Universitas Negeri Surabaya Jl. Ketintang Gedung F01.02.04, Ketintang, Gayungan, Kota SBY, Jawa Timur 60231
Location
Kota surabaya,
Jawa timur
INDONESIA
Indonesian Journal of Labour law and Industrial Relations
Published by Universitas Negeri Surabaya
ISSN : -     EISSN : 30908477     DOI : https://doi.org/10.26740/ijllir
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Indonesian Journal of Labor Law and Industrial Relations is a peer-reviewed academic journal that was established by the Faculty of Law, Surabaya State University, with a particular focus on labor law, industrial relations, and industrial relations dispute resolution, both within Indonesia and internationally. This journal is currently under consideration for inclusion in the Scopus database of academic journals. It is published twice a year, in June and December, and all articles are in English. The journal is published in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS" : 5 Documents clear
JURIDICAL ANALYSIS OF THE FULFILLMENT OF THE RIGHTS OF J&T COURIERS WHO EXPERIENCE WORK ACCIDENTS UNTIL DEATH BASED ON LEGISLATION Nur Aini, Riska Sabilatul; Supriyanti, Supriyanti; Fawwaz, Aqil Ega
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i01.34226

Abstract

Every job has a level of risk that can have an impact in the form of disability or loss of life triggered by work accidents. Work accidents can occur in industry and can also occur on the way to and from work. The emergence of this risk can not only occur in heavy work but can also occur in workers with low risk levels such as package delivery couriers. This journal will discuss what kind of social security will be obtained by a worker/laborer, which in this case includes a package delivery courier, when he/she has a work accident until death. The research method used in this journal is normative juridical with the use of a statutory approach. The government that has not explicitly presented criminal sanctions for employers who do not register their workers into social security according to existing regulations results in workers who have not fulfilled their rights related to the fulfillment of social security.
LEGAL PROTECTION OF WOMEN WORKERS ON THE NIGHT SHIFT ( COMPARISION OF INDONESIA AND MALAYSIA) Okstriana, Nur Rifa; Munika, Agnes Silvia
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i01.35291

Abstract

Along with the development of the global economy and the current needs of the industry, many companies have implemented work systems for a period of approximately 24 hours. The working time is divided into three work shifts. Among the three shifts, the night shift (23.00 - 05.00) is the most risky for female workers, especially in meeting their economic needs, due to working hours that do not match the body's rhythm. However, many women choose to work night shifts because of the flexibility of the time offered. To address the challenges faced by female night shift workers, strong support from families and companies is needed. This study aims to compare legal protection for female workers on night shifts in Indonesia and Malaysia. The method used is a comparative analysis of labor regulations in both countries, including Law No. 13 of 2003 on Manpower in Indonesia and the Employment Act 1955 in Malaysia. The results show that while the two countries have similar regulations in terms of not requiring specific permits for female workers over 18 years of age and employers' obligations to provide health and safety facilities, Malaysia is stricter in oversight and more specific in discussing the limits on working hours and facilities that must be provided. In Indonesia, the implementation of regulations is still ineffective, so it is necessary to increase supervision and legal awareness. This study emphasizes the importance of effective legal protection to improve the welfare of women workers who work night shifts.
LEGAL CERTAINTY REGARDING THE TIME LIMIT FOR CLAIMING RETIRED EMPLOYEES RIGHTS IN INDONESIA Sholikah, Umi Nuris; Ardila, Winda; Rizkiyah, Salma Putri; Muangsong, Natcha
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i01.35292

Abstract

Retirement marks the end of the employment relationship between an employee and the company, in which the employee is entitled to resignation, work time remuneration, and compensation rights. However, in the prosecution of his charges there are still obstacles such as the complexity of administrative procedures to the issue of the provisions of due date. Deadline is a form of time limit that has been established for filing a claim, which, when the time limit is passed, a person's right to fil a claim is deemed to be expired. Rules concerning delay are governed by a number of legislative regulations, including UNCITRAL and employment laws. Nevertheless, these provisions are often not well understood by employees, especially those who work in small companies or the informal sector. Late filing of claims for employee rights is often due to a lack of socialization and education about the employee's own rights. That affects the decline in the well-being of retired employees. Legal certainty is needed to help fulfil the rights of both working and retired employees.
JURIDICAL ANALYSIS OF SUPREME COURT DECISION NUMBER 179K/PDT.SUS-PHI/2024 REGARDING THE FULFILLMENT OF PKWTT WORKERS RIGHTS AFTER TERMINATION FOR EFFICIENCY REASONS Nikmah, Fadhilatun; Nugroho, Arinto
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i01.35293

Abstract

The termination of employment relationship carried out by PT Synerga Tata Internasional to Muhammad Nasir on the grounds of efficiency in preventing losses resulted in a dispute between themuntil the issuance of the Supreme Court Decision Number: 179k/Pdt.Sus-PHI/2024. This layoff is carried out by injuring labor law due to the offer of layoff compensation that is not in accordance with applicable regulations. The difference between the decision of the panel of judges of the first instance stating that the lawsuit is inadmissible (niet ontcvankelijk verklaard) and the decision of the panel of judges of the cassation level stating that the Plaintiff's lawsuit was partially granted resulted in a significant difference in how the judge viewed, considered, and provided the basis for the decision on the settlement of the dispute that occurred. This study aims to examine the basis of legal considerations (ratio decidendi) used by the Panel of Judges in deciding disputes and understanding the appropriate case resolution in deciding disputes. The type of research used in this study is normative legal research or doctrinal hukm research which is carried out through literature review or secondary data. The results of this study show that the Plaintiff's lawsuit cannot be said to be formal and premature smallpox, so it cannot be declared that the lawsuit is inadmissible. Beside it,, based on Article 43 paragraph (2) of PP 35/2021, the Plaintiff is entitled to Severance Pay, Service Period Award Money, and Compensation Money as compensation received as a result of the layoffs experienced.
UNCLEAR STATUS OF EMPLOYMENT AGREEMENT IN TERMINATION OF EMPLOYMENT: LEGAL ANALYSIS OF SUPREME COURT DECISION NUMBER 394 K/PDT.SUS-PHI/2023 WHICH DOES NOT GRANT REPLACEMENT MONEY FOR RIGHTS Syahwa Layli Nabila, Devitria
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i01.35352

Abstract

Hadiyansyah is an employee from an outsourcing company, namely PT Bina Cipta Abadi, who was assigned to work at PT Yuasa Battery Indonesia with a Specific Time Work Agreement (PKWT). After working for 10 years, Hadiyansyah was terminated by PT Yuasa Battery Indonesia on the grounds of company rationalization as a result of the Covid-19 pandemic, but the company did not provide any compensation to Hadiyansyah. The dispute also occurred because Hadiyansyah considered himself an employee of PT Yuasa Battery Indonesia, but PT Yuasa Battery Indonesia did not admit this. There is also unclear status of the work agreement which Hadiyansyah believes is PKWTT, not PKWT like the initial work agreement. As a legal step, Hadiyansyah filed a lawsuit with PHI. In his considerations, the judge stated that Hadiyansyah's lawsuit had no legal basis and was rejected in its entirety. Hadiyansyah submitted a cassation request to the Supreme Court and part of Hadiyansyah's lawsuit was granted through Supreme Court Decision Number 394 K/Pdt.Sus-PHI/2023. This research aims to determine the legal relationship between Hadiyansyah and PT Yuasa Battery Indonesia, as well as to find out the basis for the judge's consideration of not granting Hadiyansyah's request for compensation for rights. The research method used in this research is normative juridical. The results of this research were that the judge correctly applied the law regarding the legal relationship between Hadiyansyah and PT Yuasa Battery Indonesia which did not exist. As for the compensation money which was not granted by the judge, the author provides an opinion which is the judge's reason, namely the difference in legal interpretation regarding compensation money for leave rights by the Supreme Court, Hadiyansyah's inability to provide evidence, the principles of justice used by the Supreme Court, the Supreme Court Panel of Judges considering legal precedent.

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