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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 6 Documents
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Search results for , issue "Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS" : 6 Documents clear
Analysis of Termination of Employment Due to Violation of Collective Labor Agreement (Case Study of Decision Number 1326 K/Pdt.Sus-Phi/2023) Satrio Hadi Baskoro; Nugroho, Arinto
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (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.v1i02.36331

Abstract

Termination of employment carried out by PT Medicinal Cosmetic Industries Indonesia to Tri Dewi Purnama Sari on the grounds of violating the Joint Work Agreement resulted in a dispute between the two until the issuance of Supreme Court Decision Number: 1326 K/Pdt.SusPHI/2023. This layoff was carried out by violating labor law due to the existence of a clause in the Joint Work Agreement that was not in accordance with the development of legislation. The difference between the decision of the first instance panel of judges stating that the plaintiff's lawsuit was partially granted and the decision of the Supreme Court of Cassation which stated that the defendant's lawsuit was granted in full resulted in a significant difference in the judge's perspective, considerations, and the provision of the basis for the decision to resolve the dispute that occurred. This study aims to examine the legal considerations (ratio decidendi) used by the Panel of Judges in deciding the dispute and to find out the appropriate case resolution in deciding the dispute. The type of research used in this study is normative legal research conducted through literature review or secondary data. The results of this study indicate that there are errors in the interpretation of the collective work agreement and the calculation of severance pay for workers who are laid off.
Juridical Analysis of Judges Decisions Regarding Termination of Employment Due to Presumed Absenteeism (Case Study of Supreme Court Decision Number 1242 K/PDT.SUS-PHI/2020) Muhammad Alvin Naufal Rozaqul Hafidh; Abdulovna, Daryna Dzemish
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (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.v1i02.36342

Abstract

Abstract Yohanes Mansri Oncok as a former CV worker. Vita Permai who has worked for approximately 12 years, 5 months, 12 days. Yohanes Mansri Oncok was terminated by CV. Vita Permai. Due to the reason for applying for annual leave to CV. Vita Permai did not receive confirmation or response. The dispute occurred because Yohanes Mansri Oncok was considered absent by CV. Vita Permai and no compensation was given to Yohanes Mansri Oncok. There is also evidence that CV.Vita Permai does not regulate leave provisions in company regulations. As a legal step, Yohanes Mansri Oncok filed a lawsuit with PHI. In his considerations, the judge stated that Yohanes Mansri Oncok's lawsuit was rejected because he was declared absent, so it was rejected in its entirety. Yohanes Mansri Oncok submitted a cassation request to the Supreme Court and part of Yohanes Mansri Oncok's lawsuit was granted through Supreme Court dismissal Number 1242 K/Pdt.Sus-PHI/2020. This research aims to determine the legal relationship between Yohanes Mansri Oncok and CV. Vita Permai, as well as to find out the basis for the judge's consideration of not granting Yohanes Mansri Oncok's lawsuit request with CV. Vita Permai to get severance pay. The research method used is the legal relationship between Yohanes Mansri Oncok and CV. Vita Permai is a normative juridical type of legal research, on the basis that there is consideration of the starting point for research and analysis of legal regulations. Regarding Yohanes Mansri Oncok's status, he changed from being a worker who resigned due to absenteeism, becoming a worker who was laid off by CV. Vita Permai.
Juridical Analysis of the Judges Decision on Premature Lawsuit in the Settlement of Termination of Employment Problems (Case Study of Judge's Decision Number 1228 K/Pdt.Sus-Phi/2023) Wika Setya Bhara; Shariffuddin, Nur Dinie
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (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.v1i02.36383

Abstract

Hepin Situmorang is a former employee who worked at Martha Friska Hospital with a 17-year work period. The termination of employment carried out by PT Karya Utama Sejahtera and Martha Friska Hospital to Hepin Situmorang did not pay Severance Pay, Long Service Award Money and Replacement Money for Rights. Hepin Situmorang objected but there was no response from the hospital, so the mediation negotiations were continued with the Mediator at the Medan City Manpower Office. When no agreement was reached during the mediation, the mediator issued a recommendation for Martha Friska Hospital to pay Severance Pay. However, RS. Martha Friska and PT. Karya Utama Sejahtera did not implement the contents of the recommendation, so Hepin Situmorang filed this lawsuit in accordance with applicable legal provisions. Then Hepin Situmorang brought this problem to the Medan Industrial Relations Court, but the lawsuit filed by Hepin Situmorang was rejected at the time of the exception because PT. Karya Utama Sehat Sejahtera must also participate in bipartite negotiations and mediation because of the involvement of the parties in the main dispute, so that all parties have the same opportunity and space to prove who is the party obliged to pay Hepin Situmorang's rights. Dissatisfied with the decision issued by the Medan Industrial Relations Court, Hepin Situmorang filed an appeal. The result of the cassation decision accepted the lawsuit filed by Hepin Situmorang on the grounds that Martha Friska Hospital is a single entity with PT. Karya Utama Sehat Sejahtera and cannot be separated.
Analysis of the Supreme Court Decision on the Calculation of Compensation Based on the Reason for Termination of Employment (Case Study of Supreme Court Decision Number 131 K/Pdt.Sus-PHI/2024) Agustini Dwi Rahmawati
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (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.v1i02.36385

Abstract

Termination of Employment Relationship means the termination of the employment relationship due to a certain matter that results in the termination of rights and obligations between the worker/laborer and the employer. This marked the beginning of suffering for both the worker and the people who depend on him (his family). Therefore, employers, workers/laborers, trade unions/labor unions, and the government, with all efforts, must make every effort to prevent termination of employment. Termination of Employment can occur for several reasons, including: resignation, worker/laborer's fault or employer's error. In Government Regulation No. 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment has been regulated regarding compensation in the process of Termination of Employment, the compensation that must be paid in the form of Severance Pay, Service Period Award Money, Replacement Money and wages that must be paid during the Termination of Employment process have not been completed at their level. This study aims to find out whether the Supreme Court Judge's consideration in determining the reason for termination of employment is appropriate and to find out the difference in compensation for termination of employment based on the reason for termination of employment. The research method used in this study is normative juridical. The results of the research related to the determination of the reasons for the termination of employment are appropriate, but in deciding compensation, the Judge did not provide Process Wages. The author provides an opinion that may be the reason why the judge does not compensate for the process wage, that is, there are still often differences in interpretation in his decision to provide the process wage in accordance with the applicable provisions.
Holiday Allowance for Domestic Workers Salsabila Dhifah Putri; Manhem, Thipyada
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (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.v1i02.36528

Abstract

Domestic workers or domestic workers in Indonesia are considered to still exist and are still relevant. The role of domestic workers is considered important in the domestic life of domestic workers, where domestic workers replace the user's duties and obligations in taking care of the household. After domestic workers have completed their obligations, domestic workers are entitled to their rights. The rights of domestic workers are regulated in Article 7 of the Minister of Manpower Regulation Number 2 of 2015 concerning Protection of Domestic Workers. One of the rights contained in Article 7 of Minister of Manpower Regulation no. 2 of 2015, namely the right to receive a Holiday Allowance or THR. However, in Minister of Manpower Regulation no. 2 of 2015 does not yet explicitly regulate the amount of THR that should be received by domestic workers, so this can be a loophole for domestic workers to give nominal THR arbitrarily. The existence of this problem calls for legal protection which is one of the urgencies for domestic workers to be given their rights. There needs to be involvement from various elements to realize legal protection for domestic workers. The exact amount of THR allocated to domestic workers should be explained in detail, whether regulated in a written work agreement, regulations that specifically regulate THR for domestic workers and its implementation is supervised by the competent government.  The research method used in this research is normative juridical by examining several literature and regulations related to this article. The approach methods used in this research are the statutory approach, conceptual approach and comparative approach. Comparison of regulations regarding the informal sector such as domestic workers in Indonesia itself should be more detailed, such as Hong Kong which really pays attention to the welfare of domestic workers or what are usually called domestic servants. Thus, the regulation of the amount of THR for domestic workers is considered to be unclear, which can lead to misinterpretation and this shows the existence of legal ambiguity.
Validity Of Overtime Beyond The Established Regulations Based On Employment Agreement At PT TKB Tasya Destinasari; Ikram, Denial
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (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.v1i02.36557

Abstract

This study examines the implementation of overtime work policies at PT TKB, a Food and Beverage company operating in Surabaya, with a focus on the "Store Keeper" position. The issue arises as the company imposes a 12-hour daily work schedule or 72 hours per week, as agreed upon in the employment contract, without providing overtime pay. This policy is based on the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number Kep.102/MEN/VI/2004, which exempts workers with certain responsibilities from receiving overtime wages. However, this raises questions regarding compliance with labor laws, particularly Law Number 6 of 2023. The study aims to analyze whether PT TKB's work-hour implementation aligns with applicable labor regulations and how legal protection is provided to workers under agreements that exceed standard work-hour provisions. The results of this research are expected to provide guidance for relevant stakeholders in ensuring that company policies comply with labor laws while enhancing the welfare and protection of workers' rights.

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