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All Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
Gindo L. Tobing
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Law, Crime, Criminology & Criminal Justice Social Sciences

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HUKUM ADAT SEBAGAI PRANATA HUKUM PENYELESAIAN PERSELISIHAN MELALUI MUSYAWARAH MUFAKAT DALAM LINGKUNGAN MASYARAKAT Gindo L. Tobing
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In daily life by people in Indonesia the use of the term customs with customary law is often equated. It is as if the two terms have the same meaning and meaning or even people say custom. Custom or habit is always connoted as a reflection of the life of a particular society, a society that has not known progress, or society that is still old, traditional, not familiar with modernization. Habits can be seen for example from behavior, speech, politeness that can describe the characteristics of a society. With the advancing civilization of society which is driven by economic development, science and technology, the level of conflict or dispute in society is also higher. Settlement of disputes or conflicts should not always be resolved through formal legal channels eg through a complaint to law enforcement officers (police) or filing a lawsuit through courts but can also be resolved through consensus or peace agreement using customary law (including local wisdom). When customary law plays its role at that time the public will realize that modernization does not forever necessarily leave and even eliminate the role of customary law. Customary law is also capable of resolving the various conflicts that arise in society. Keywords: Customary law as legal institution to solve various conflicts in society
PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM Gindo L. Tobing
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1138

Abstract

Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum
KORELASI ANTARA KETERSEDIAAN LAPANGAN KERJA, SISTEM PENGUPAHAN DAN PEKERJAAN SEKTOR INFORMAL Gindo L. Tobing
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1142

Abstract

Abstract Labor issues in Indonesia is an issue that over the years have always not solved because of the amount of labor in comparison with job availability is not balanced. Besides the problem of limited employment, are compounded by the low wages of workers/laborers in our country. Wage system still uses the term minimum wage is not worth living needs. The informal sector and transmigration may be one solution for the provision of jobs. Kata kunci : Upah dan Pekerja Sektor Informal
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