Article Per Year (5 Year)
p-Index From 2019 - 2024
2.013
P-Index
This Author published in this journals
All Journal WAJAH HUKUM Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Hukum Adigama
Gunardi Lie
Unknown Affiliation
Arts Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 13 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 13 Documents
Search

 1   2 
PEMUTUSAN HUBUNGAN KERJA SEPIHAK (STUDI KASUS TERHADAP PUTUSAN HUBUNGAN INDUSTRIAL NOMOR 170/PDT.SUS-PHI/2020/PN.JKT.PST) Dhea Dillah Probokusumo; Gunardi Lie
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.16989

Abstract

A one sided Termination of Employment Relationship is something that occurs due to something that results in the termination of the rights and obligations between the worker/labourer and the entrepreneur. In termination of employment sometimes disputes arise because there is no common understanding between workers/laborers and employers.. The settlement of dismissal disputes can be carried out by Bipartite, Mediation, Conciliation, Arbitration, and the Industrial Relations Court. Cases of unilateral termination of employment often increase from year to year. However, not a few cases were enforced unfairly, and harmed the workers and workers. The research method used is to regulate justice through the use of legal methods and conceptual methods. From the results of this study, the authors raised the formulation of problems related to the role of the Panel of Judges in upholding the truth, and related to unilateral termination of employment related to the rejection of mutations, especially to parties affected by a breach of contract against the work contract that binds the party This study aims to find out how the implementation of unilateral termination of employment disputes at the Industrial Relations Court and to find out what obstacles occur and provide solutions to these obstacles.
BATAS MAKSIMAL HAK MOGOK KERJA BERDASARKAN UNDANG-UNDANG NO 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Evangeline Fiona; Gunardi Lie
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17970

Abstract

The working strike is the basic right of worker. Therefore, everyone can not stop implementing his right. If anyone is against this regulation, so can be punished.This right is implemented in according to regulation specially UU Nomor 13 Tahun 2003 and Kepmenakertrans Nomor: Kep-232/Men/2003 in order to evaluate as a legal working strike.The working stike can only be implemented at the certain factory, and there are no time’s regulation to implement working strike. A strike is a fundamental right held by workers and a labor union/labor union. This right of strike is clearly set out in Article 137 Employment Security Act (Act No. 13 of 2003). go on strikea cannot be done freely, there are limits and provisions that sayhis attraction, the act of lawfully, orderly, and peacefully as a result of its failure a negotiation. But in some cases, there are still frequent acts of mogok work that is done legitimately, but is considered to be in violation of regulation yang take effect because of the unfulfillment of the conditions for going on strike.then what are the criteria for a strike to be carried out by workers/workers so that para the worker/worker may exercise his/her rights and obtain legal guarantees.
HAK ATAS UPAH SELAMA PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TANJUNG PINANG NOMOR 26/PDT.SUS-PHI/2019/PN TPG) Diana Deborah; Gunardi Lie
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17983

Abstract

Termination of employment is one of the problems that often occurs in the working relationship between workers/employees and employers. The termination of an employment relationship is a very complex problem due to the worker/employees losing their livelihood. One aspect of the cause of the termination of the employment relationship is because the worker made a serious mistake and if the termination of employment is inevitable, they must follow Indonesian Labour Law Act 13 of 2003. The employers often take unilateral actions, by giving the warning letter and the consequences of termination of employment without asking for clarification from the workers who are involved. So in the event of termination of employment, many workers don’t get the rights according to the law. This research is normative with library research data collection techniques. Like a scale that is used as a symbol of justice, the judges must also weigh in order to fulfill the workers property rights, so that in this case the workers rights can be fulfilled.
JAMINAN SOSIAL ATAS SERANGAN JANTUNG SEBAGAI KECELAKAAN KERJA DITINJAU DARI UNDANG UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Maria Angela Triwidyarti; Gunardi Lie; Moody R. Syailendra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17095

Abstract

This studi discusses social security for heart attacks as work accidents in term of Law Number 13 of 2003 concerning Employment. This study uses normtive legal research method with a descriptive reseacrh nature. From this research, there are problems regarding social security for work accidents and the risk of heart attack as work accident based on law number 13 of 2003 concerning employment. Employment issues are still crucial issues and are concern to various parties. The state of Indonesia as a state of law of course all applicable provisions relating to laws and regulations. The most highlighted is about social security. Social security the right of every citizen which is the responsibiliy of the state. Social security is a right for every citizen, especially BPJS Ketenagakerjaan Participants. Everyone who has a work accident has the right to get a work accident Insurance (JKK). That everyone without exception and without discrimination has the right to get social securuty as determined by the applicable law. Social security is from citizen.
PEMBERIAN UPAH SELAMA PROSES PEMUTUSAN HUBUNGAN KERJA SEPIHAK (STUDI KASUS: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 90/PDT.SUS-PHI/2019/PN SBY) Shierly Florensia; Gunardi Lie
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17980

Abstract

Termination of Employment Relations is one of the problems that often occurs in the working relationship between workers/employees and employers. The termination of an employment relationship for the workers is a very complex problem due to the worker/labourer losing their livelihood. Termination of Employment Relations has legal consequences for both employers and workers/labor. The rights and obligations of each party must be fulfilled until there is a decision from the Industrial Relations Court, in which workers will receive legal protection, namely receiving severance pay or service pay as a substitute for termination of employment. Syamsul Fuad has worked in a position as a dynamo technician with a working period of 23 years and 6 months and will be dismissed from his job due to frequent illness by PT Jawa Trans Indah Transport without being given a fair severance pay in accordance with the law, so Syamsul Fuad filed a lawsuit with the Industrial Relations Court on The Surabaya District Court, but in the decision the workers' property rights to receive severance pay or service pay cannot be fulfilled. This research is normative with literature study data collection techniques. Like a scale that is used as a symbol of justice, the judge must also weigh in order to fulfill the workers' property rights, so that in this case the workers' property rights can be fulfilled
WANPRESTASI AKIBAT FORCE MAJEURE DAN PEMBAYARAN KOMPENSASI SISA KONTRAK KERJA PADA KARYAWAN PKWT (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 9 PDT.SUS-PHI/2020/PN BNA) Julius Taufik; Gunardi Lie
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17128

Abstract

Justice and social welfare are manifestations of efforts to achieve state goals as mandated in the 1945 Constitution of the Republic of Indonesia. In the implementation of justice and social welfare, the role of the community is required. To achieve this goal, the employment sector is needed to make it happen. The problem in the research raised by the author is a default due to Force majeure as a result of the Government's efforts to overcome the Covid-19 Pandemic based on Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation.
PEMBERIAN KOMPENSASI UANG PESANGON TERHADAP TENAGA KERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU Michele Fedryca; Gunardi Lie
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17974

Abstract

An employment agreement is an agreement that occurs between workers and employers in written form that contains points of the rights and obligations of both parties in accordance with applicable laws. The agreement is made between the Employer and the Worker. In its arrangement, the employment agreement is divided into an indefinite employment agreement with a fixed term employment agreement. Both agreements relate to employee status. Where the status of employees concerns their rights as workers. One of them includes severance pay. In the world of work, it is not uncommon to find inconsistencies in the rights and obligations of both employers and workers. In this writing, the author finds several things that cause the non-fulfillment of labor rights that are not given fairly by the employer.
HAK UPAH PEKERJA PKWTT TERHADAP PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PERUSAHAAN PERSPEKTIF UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR: 134/PDT.SUS-PHI.G/2019/PN.JKT.PST) Alvin Faizal Adhiaza; Gunardi Lie
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Termination of Employment Relations often creates experiences between employers andworkers/labourers. Disputes tend to occur between workers/ laborers and employers regarding theemployment relationship. sometimes workers/laborers pay attention to the labor rules in Law Number13 of 2003 concerning Manpower, in that provision already regulates the rights and obligations of theparties, as well as regulates industrial cooperation agreements. Therefore, this study aims to find outhow the company's considerations and responsibilities regarding payment of industrial responsibilitypayments in the Central Jakarta District Court Decision Number:134/Pdt.Sus-PHI.G/2019/PN.JKT.PST. The research method used is normative legal research with aprescriptive nature of research, and uses primary legal materials, secondary legal materials, and usesa statutory approach. The researcher obtained the results, that the consideration is in accordance withLaw Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, employers are requiredto pay compensation money, but it is not in accordance with the Manpower Law on refusal of wages.Workers also do not get their rights such as employment relationship status, wages below theminimum, and employment social security.
HAK UPAH PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA SEPIHAK PERSPEKTIF UNDANG-UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN NOMOR 162/PDT. SUS-PHI.PLW/2019/PN.JKT.PST) Aufan Ahdi; Gunardi Lie
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Workers are people who work as well as people who receive wages or work results. Workers andemployers who enter into an employment relationship are required to include a work agreement. In thisemployment relationship, the employer often terminates the employment relationship unilaterallywithout giving rights to workers, including severance pay, service fees, and compensation forentitlements. The author uses normative legal research methods and uses interview data as supportingdata. The results of this study reveal that Decision Number: 162/Pdt. Sus-Phi.Plw/2019 which washanded down by the Panel of Judges in the case of Industrial Relations Disputes that occurred betweenworkers and employers was not in accordance with Article 155 of Law Number 13 of 2003 concerningManpower which in the event of Termination of Employment, in this case the worker must obtainentitlement in the form of wages during the process, which is for a full 6 months. If there is anindustrial relations dispute between workers and employers, it can be resolved through an industrialrelations court outside or through an industrial relations court.
RIGHTS OF FIXED-TERM EMPLOYMENT CONTRACT WORKERS IN A DISMISSAL (STUDY OF SUPREME COURT DECISION NUMBER 175 K/PDT.SUS-PHI/2020) Vanessa Wijaya; Gunardi Lie
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is listed as one of the most densely populated countries in the world. Hard competition in the world of work, low education levels and high population growth rates supported by minimal employment opportunities which are not followed by very rapid population growth rates are the background of the gap between human resources that meet company qualifications and job seekers. Trying their luck as a laborer/worker in the PKWT system is a step often taken by job seekers so as not to be unemployed and to make ends meet. As was the case with 2 (two) marketing workers at PT Sinarmas Multifinance Yogyakarta Branch, who worked with PKWT status. Declared that they did not reach their target, both of them had to swallow the bitter pill that they were 'kicked' from the company without getting the rights that both of them should have. However, as far as the research conducted by the author, the author found several irregularities that escaped the attention and consideration of the Panel of Judges. In this study, the authors will re-analyze the Yogyakarta District Court Decision No. 35/Pdt.Sus-PHI/2019/PN.Yyk. as a decision at the first level, Supreme Court Decision No. 175 K/Pdt.Sus-PHI/2020 as a decision at the cassation level, by applying the relevant laws and regulations as well as decisions from several similar cases.
Co-Authors Alvin Faizal Adhiaza Aufan Ahdi Dhea Dillah Probokusumo Diana Deborah Evangeline Fiona Fiorella Angella Dameria Indah siti aprilia Julius Taufik Maria Angela Triwidyarti Michele Fedryca Moody Rizqy Syailendra Putra Shierly Florensia Vanessa Mathilde Harum Vanessa Wijaya