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The Power of Mediator Suggestions in Mediating the Settlement of Pancasila Industrial Relations Disputes Outside the Court Siti Kunarti
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.1881

Abstract

One of the settlements of disputes outside the court, mediation is understood as a settlement that is non-judgmental, fast, inexpensive, and provides access to the disputing parties to obtain justice or a satisfactory settlement by means of a win-win solution. The role of an industrial relations mediator is urgently needed to achieve harmonious industrial relations. The mediator becomes a point of contact who plays an active role in settlements outside the court. The strength of the mediator's suggestion in mediation is something that greatly determines the continuity of the settlement process because it can be a dispute resolution up to the Industrial Relations Court (PHI) if the negotiation and the mediator's written recommendation are not accepted by one or both parties. In a formal claim to the Industrial Relations court, a written recommendation is part of the minutes of industrial relations dispute settlement. A written recommendation only has power if a collective agreement is made and is registered with the PHI to get the power to be implemented. Deliberation to reach a consensus through mediation settlement with a written suggestion as one of the settlement methods in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has not been optimally implemented as long as it is not registered with PHI to have permanent legal force.Keywords: Mediation; Pancasila; Industrial Relations Disputes.
PERJANJIAN PEMBORONGAN PEKERJAAN (OUTSOURCING) DALAM HUKUM KETENAGAKERJAAN Siti Kunarti
Jurnal Dinamika Hukum Vol 9, No 1 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.1.70

Abstract

Arrangement concerning of outsourcing in Law Number 13 Year 2003 concerning Labour, at one side have opened opportunity of new companies appearance which active in service, and on the other side, have enabled companies which have stood to do efficiency through exploiting of service company of outsourcing to product selected service or products which do not in direct corollation to especial business of company. There is no definitive measure him to determine especial as profession and not especial become the reason of justification for entrepreneur to execute outsourcing business regulasi the clearness in execution of harmless outsourcing in job relation. Kata kunci: outsourcing
Analysis of the Content of Foreign Labor use Regulations Against Indonesia’s Labor Protections. Siti Kunarti
Jurnal Dinamika Hukum Vol 20, No 1 (2020)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2020.20.1.2937

Abstract

Globalization moves people indefinitely and includes working in other countries, and accepting foreign workers because it wants the free movement of labor (pree personal movement) over the territorial boundaries of the country. The research is aimed at reviewing and analyzing the content of foreign labor use regulations in Indonesia and whether the content of foreign labor regulations has protected Indonesian workers. The research method used in this study is normative juridical with a statute approach, comparative approach, history approach. The results showed that the Development of Foreign Workers (TKA) Usage Arrangements in Indonesia since Indonesia became independent is regulated in the form of a separate law namely Law No. 3 of 1958 on the Placement of Foreign Workers and subsequently, the Regulation of foreign workers is included in several employment laws, and finally in CHAPTER VI Article 42-49 law No. 13 of 2003 on Employment. The content of the arrangement of the use of foreign labor has not fully provided protection and legal certainty, the revocation of the mandatory Indonesian language requirements for foreign workers is a form of discrimination, as well as the need for strict requirements and qualifications for foreign workers entering Indonesia are skilled, making it possible for the transfer of expertise and technology, supporting economic development, and encouraging the improvement of the competence of the Indonesian workforce. Keywords: Charge Settings, Foreign Labour, Protection . 
Local Government Efforts in Realizing Gender Responsive Regional Policies in Banyumas District Riris Ardhanariswari; Tenang Haryanto; Manunggal KW; Siti Kunarti
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.1-19

Abstract

The international community has come to an agreement on the importance of gender issues to solve such problems as the gender inequality, the gap between men and women. Gender issues have become a part of the national direction and strategy in carrying out national development. Therefore, addressing these issues has to be integrated in various national policies. The central government has granted authorities to each region in Indonesia to make gender-responsive regional policies, hoping that the concept of justice and gender equality in Indonesia be realized properly. This study uses a normative legal method by examining secondary data normatively such as laws and regulations, research papers on policy gender-responsive regional development. This article was originally a research focusing on the Government of Banyumas Regency in creating a gender-responsive regional policy. Through Banyumas Regent Regulation Number 35 of 2018 concerning Guidelines for Implementation of Gender Mainstreaming, the Banyumas Regency Government has supported gender responsive regional policies.
Kedudukan Surat Edaran Menteri Ketenagakerjaan Nomor M/3/Hk.04/III/2020 dan Implikasinya terhadap Perlindungan Hukum bagi Tenaga Kerja dan Keberlangsungan Usaha dalam rangka Pencegahan dan Penanggulangan Covid-19 Siti Kunarti; Kartono Kartono; Budiyono Budiyono; Supriyanto Supriyanto; Sri Hartini; Weda Kupita
Kosmik Hukum Vol 22, No 1 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i1.12262

Abstract

AbstrakPandemi Covid-19 yang di alami berbagai negara termasuk Indonesia telah menyebabkan permasalahan serius yang berdampak pada sektor ketenagakerjaan. Banyak perusahaan mengeluarkan keputusan yang ekstrim seperti mem-PHK pegawainya, mengurangi gaji dan menghentikan perjanjian kerja. Masalah tersebut diakibatkan dari ketidakmampuan perusahaan untuk melaksanakan kegiatan operasionalnya, bahkan sebagian perusahaan harus mengalami kebangkrutan dan menutup usahanya.Kehadiran pemerintah di tengah pandemi melalui Surat Edaran Menteri Ketenagakerjaan Nomor M/3/HK.04/III/2020 tentang Perlindungan Pekerja/buruh dan Kelangsungan Usaha Dalam Rangka Pencegahan dan Penanggulangan Covid-19 menuai kontroversi, dengan menyerahkan sepenuhnya tanggungjawab pemutusan hubungan kerja  dan penggajian kepada pengusaha dan pekerja. Tujuan penelitian ini adalah untuk mengetahu kedudukan Surat Edaran dalam sistem hukum dan implikasi hukumnya sebagai instrument negara terhadap perlindungan hukum bagi pekerja serta keberlangsungan usaha di tengah Pandemi Covid-19.Surat Edaran menteri tidak termasuk dalam hirarki perundang-undangan, namun demikian menjadi petunjuk pelaksanaan selama sejalan dengan undang-undang yang berwenang. Implikasi dari Surat Edaran terhadap perlindungan pekerja dan pengusaha adalah munculnya negosiasi antara pekerja dan pengusaha sebagai jalan keluar utama untuk mencegah PHK di tengah Pandemi Covid-19 ini.Kata kunci: Kedudukan Surat Edaran, Perlindungan Tenaga Kerja.
Legal protection of migrant workers and their families: before, during, and after working Kartono Kartono; Siti Kunarti; Sri Hartini; Supriyanto Supriyanto; Dyah Adriantini Sintha Dewi
Borobudur Law Review Vol 4 No 2 (2022): Vol 4 No 2 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6871

Abstract

This study aims to identify and analyze local government role as well as solving the problem concerning protection of migrant workers and their families before, during, and after working. The results showed that the local governments have not perfomed their role in maximum level to protect migrant workers and their families. Many policies have not been able to encourage legal protection because they are established on the old laws and emphasized administrative. The policies opens for brokers to operate in the village and the number of fake documents. The legal protection for migrant workers and their families is mainly provided by NGOs and individuals who are aware of protecting the migrant workers, and by establishing village regulations. It is necessary to initiate a more comprehensive legal protection, both administratively and technically through adjustment of local regulations to the new laws. In addition, the role of villages and communities/individuals can be expanded to better protect migrant workers.
The Authority of Local Governments in Establishing Public Burial Land in the Spatial Planning of Urban Areas Purwokerto Amardyasta Galih Pratama; Sri Wahyu Handayani; Sri Hartini; Siti Kunarti
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.3438

Abstract

The handover of the authority of the central government to the local government as a form of decentralization in the unitary state in the field of spatial planning, especially green open space in the form of burial land in the Banyumas Regency area, can be said to have not been effective in utilization and management like other forms of green open space. This is because it is not in accordance with the application of spatial planning as a form of green open space because there are discrepancies in its application to regional regulations that are not in line with higher regulations. This research uses a statutory and conceptual approach method with normative juridical research specifications. Using secondary data sources are then analyzed using deductive methods. Based on the results of the study, it can be concluded that there are deviations in legal norms in the content material for the management of burial land in Article 5 paragraph (3) of Banyumas Regency Regional Regulation Number 2 of 2014 concerning Burial Place Management which is contrary to Chapter II of the Provision of Green Open Space in Urban Areas in Green Open Spaces certain functions in Cemeteries listed in the Regulation of the Minister of Public Works Number 5 of 2008 concerning Guidelines for Provision and  Utilization of Green Open Space in Urban Areas.Keywords: Decentralization, Green Open Space, Burial Land
Staffing Study on the Impact of Changes to Severe Discipline Punishments After the Issue of Government Regulation Number 94 of 2021 Concerning Disciplinary Punishments for Civil Servants Sri Hartini; Siti Kunarti; Kartono Kartono; Tenang Haryanto; Budiman Setyo Haryanto
International Journal of Multidisciplinary: Applied Business and Education Research Vol 4 No 3 (2023): International Journal of Multidisciplinary: Applied Business and Education Resear
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijmaber.04.03.04

Abstract

The purpose of personnel analysis is to achieve professional civil servants in implementing the principles of good governance. To achieve this goal, one of the policies undertaken by the government is to issue a new regulation in the field of personnel as a substitute for the old regulation, namely Government Regulation No. 94 of 2021. The new policy issued by the government should be firmer, better and more effective. so that it will make Civil Servants who commit disciplinary violations become a deterrent. The new regulations have several changes to disciplinary penalties. One of the changes is severe disciplinary punishment. The old regulations set forth in PP No. 53 of 2010, regulated the existence of a penalty for dishonorable dismissal as civil servants, but in the replacement regulation this was omitted. By eliminating the word disrespect, it has an impact on the staffing sector, so that severe disciplinary punishment becomes lighter. The reduction in disciplinary punishment provides an opportunity for civil servants to commit repeated violations, thereby hampering the principles of good governance. In terms of staffing, these changes have an impact on civil servant pension rights. In this way, all civil servants who have been dismissed, both retired and for committing serious disciplinary violations, will receive pension rights. PP for PNS No. 94 of 2021 should carry out the Law's orders, but the new PP is not in line with Article 84 of the ASN Law.
Authenticity of the Deed of General Meeting of Shareholders (GMS) Conducted on the Basis of Cyber Notary During the Covid-19 Pandemic Melyana Puspita Wati; Sulistyandari Sulistyandari; Siti Kunarti
Journal of Social Research Vol. 2 No. 7 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i7.987

Abstract

The Covid-19 pandemic that has hit the entire population of the world in recent times has had a significant impact on human life. People around the world have to start getting used to adapting to new habits due to the presence of the Covid-19 virus. This is also the case in Indonesia, one of the government's policies is to issue a policy to carry out all activities at home, starting from work, school, and the obligation to limit activities outside the home or even limit meeting people. This policy also has an impact on the performance of the Notary, where the Notary in making an authentic deed is obliged to deal with the parties. The solution related to this then emerged a policy regarding cyber notary, where in making an authentic deed the Notary does not have to deal with the client and the deed can be signed electronically. This policy raises pros and cons, including the authenticity of the GMS deed which is carried out using the cyber notary method. This study uses a normative juridical method with a qualitative approach. The purpose of this study is to find out about the authenticity of the deed of the GMS made with a cyber notary during the covid-19 pandemic. The result of this research is that the deed of the GMS made using the cyber notary method is an authentic deed if it is made on the basis of the lex specialist derogate legi generali principle. it is in Article 77 paragraph (1) in conjunction with Article 77 paragraph (4) of the Limited Liability Company Law. After the parties have signed the deed of the GMS, the Notary on the basis of Article 11 of the ITE Law and the fulfillment of the lex specialist principle, the deed can be used as perfect evidence in court.