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All Journal Reformasi Hukum Trisakti Amicus Curiae
Yogo Pamungkas
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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PENGANGKATAN PENYANDANG DISABILITAS SEBAGAI APARATUR SIPIL NEGARA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN: Appointment of Persons With Disabilities as State Civil Apparatus Based On Laws and Regulations Adrian Cahdani Cakti; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19601

Abstract

Along the way, the Recruitment of State Civil Apparatus for Persons with Disabilities is still not in accordance with existing regulations. Therefore, it is necessary to optimize the recruitment process for people with disabilities to be in accordance with the regulations governing it. The issue raised is whether the recruitment selection for Persons with Disabilities as State Civil Apparatus in 2019 is in accordance with the Laws and Regulations in the field of civil servants? And is the availability of positions or jobs for Persons with Disabilities as State Civil Apparatus in 2019 in accordance with the Laws and Regulations in the field of civil servants? The type of research is Normative with the nature of descriptive research analysis and uses secondary data. Then writing is analyzed qualitatively by drawing deductive logic conclusions. Thus, the result of the first analysis is that the series of recruitment processes for the State Civil Apparatus for Persons with Disabilities is still not in accordance with Article 53 paragraph (1) of Law Number 8 of 2016 and Permen-PANRB Number 23 of 2019 that the minimum allocation for persons with disabilities is 2% of the total allocation in each government agency, both central and regional. The second analysis is that regulations regarding the availability of formations and positions that can be filled and cannot be filled for civil servants with disabilities become an obstacle to the presence of persons with disabilities in Government Agencies due to inconsistencies between written regulations and their implementation.
ANALISIS PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA PADA PENGADILAN NEGERI JAKARTA PUSAT (PUTUSAN NOMOR 67/PDT.SUS PHI/2020/PN.JKT.PST: Analysis of Termination Dispute Resolution at the Central Jakarta Districk Court ( Descision Number 67/Pdt. Sus.Phi/2020/PN.Jkt.Pst) Ayu Widia Pertiwi; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19631

Abstract

When handling disputes between workers and employers in industrial relations, action is required in accordance with applicable labor law. The initial step that must be taken is to carry out bipartite negotiations between the two parties to find a solution to the dispute. If bipartite negotiations are unsuccessful, the next step is to file for mediation and sue the Industrial Relations Court. The problems that arise between the Plaintiff and the Defendant relate to the mechanism for resolving disputes in termination of employment (PHK) in industrial relations, as well as whether the procedures carried out are in accordance with the statutory regulations explained in decision Number 67/Pdt.Sus-PHI/2020/ PN. JKT. PST. From this decision, it is not considered that any negotiations took place, which is the debate in this case. To answer this problem, normative juridical research was carried out with a descriptive analytical approach. This research refers to primary and secondary data which was analyzed qualitatively, and conclusions were drawn using deductive methods. The process of resolving this industrial relations case involves mediation with a mediator from the East Jakarta Social and Employment Service, as well as filing a lawsuit with the Industrial Relations Court at the local District Court. However, statutory regulations are not in accordance with the steps taken in this case, because bipartite negotiations are thought to have never occurred.
PENYELESAIAN SENGKETA PHK TANPA PERUNDINGAN BIPARTIT PADA PENGADILAN NEGERI KOTA SEMARANG (STUDI PUTUSAN NOMOR 56/PDT.SUS-PHI/2019/PN SMG): Settlement of Layoff Disputes Without Bipartite Negotiations at the Semarang City District Court (Study of Decision Number 56/Pdt.Sus-PHI/2019/PN Smg) Kania Adriani; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19754

Abstract

Termination of employment is an event that is very feared for employees because it involves loss of livelihood. One of the disputes in industrial is the layoff dispute. In the settlement of layoff disputes, there are several stages carried out, including Bipartite, which stage cannot be missed by both parties, whis stage of industrial relations dispute settlement must be carried out. The problems in this study are how the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel and whether the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel is in accordance with Law Number 2 of 2004. To get the answers above, a type of research is used. Normative law based.
PENJATUHAN HUKUMAN DISIPLIN BERDASARKAN PERATURAN PEMERINTAH TENTANG DISIPLIN PEGAWAI NEGERI SIPIL : Disciplinary Punishment Based on Government Regulations Regarding The Discipline of Civil Servants Elizabeth Liely Phinesia; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19790

Abstract

The mechanism for imposing disciplinary punishment for Civil Servants is a process that must be passed before being sentenced to disciplinary punishment by an official authorized to punish including summons, examination, sentencing and delivery of decisions. The problem in this study is the process of examining and imposing disciplinary punishment on Ridwan Yasin and the legal consequences. To answer these problems, a normative juridical research type is carried out which is analytical descriptive in nature. The data used are secondary data with primary legal materials, secondary and tertiary obtained through library research. The data that has been obtained from the results of further research will be analyzed using qualitative methods and drawing conclusions by deductive way. From the results of the study it can be concluded that the imposition of disciplinary punishment on Ridwan Yasin in the Decree of the North Gorontalo Regent Number: 800/BKPP/2097/IX/2021 was declared procedurally and substantially flawed.
PENELITIAN TERHADAP PENYELESAIAN PERSELISIHAN ANTARA KARYAWAN DENGAN PERUSAHAAN MELALUI PHI Yoshua Setiawan; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13401

Abstract

In order to attract consumer interest, sometimes the marketing of a product provides Termination of employment frequently violates current standards, and the case filed also has formal flaws. The dispute case in the PHI Decision Number 169/Pdt.Sus-PHI/2017/PN Mdn relates to the layoff rules, which are not in accordance with the applicable regulations. The question of whether the resolution of labor disputes between PT Raya Padang Langkat (PT RAPALA) employees is in conflict with Law No. 2 of 2004 regarding PPHI and Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia Number 17 of 2014 and Is the resolution of layoff disputes between PT Raya Padang Langkat (PT RAPALA) against its employees through mediation based on Decision Number 169/Pdt.Sus-PHI/2017/PN Mdn. already following the laws and regulations in the field of manpower. To get answers to these problems, it is carried out using normative legal research methods, which are based on secondary data, analyzed qualitatively, and conclusions drawn using deductive methods. The conclusion of this decision study is that the judge's decision does not follow the applicable rules and competence of the PHI is that it is not authorized to handle layoff cases because of procedures or steps that were violated before being submitted by the Plaintiff.
ANALISIS YURIDIS TERHADAP KOMPETENSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM MEMERIKSA SENGKETA PERJANJIAN KEMITRAAN Cherya Metriska; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13450

Abstract

The definition of absolute competence is regarding to power between judicial bodies, seen from the type of court, and regarding the granting of power to adjudicate. The research’s main problems are whether the Central Jakarta Industrial Relations Court has the authority to examine and decide disputes between Wandi Irawan, et al., Against PT Tubagus Jaya Mandiri and whether the decision of Industrial Relations Court in the dispute between Wandi Irawan, et al and PT Tubagus Jaya Mandiri complies with Law Number 2 of 2004? This research is a normative and descriptive analytical legal research by using secondary data and the conclusions are drawn by using deductive logic methods. The conclusions are that the Industrial Relations Court at the District Court in the first degree had been decided with a N.O Decision or an unacceptable decision, because it is clear that when it comes to a claim containing or violating absolute competence, the claim is said to be unacceptable, not rejected decison so that the plaintiff should have re-submitted the lawsuit to District Court in the legal area where the defendant lives, not to Industrial Relations Court because it is not an institution that has the authority to adjudicate.
PEMBERIAN SANKSI BAGI APARATUR SIPIL NEGARA YANG MELAKUKAN PELANGGARAN DISIPLIN BERAT Afrita Miranti; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13616

Abstract

This was experienced by Sri Endang Mulyani, who was subjected to severe disciplinary punishment with the object of dispute in the form of a Decree of the Governor of Central Java on suspicion of having a special relationship with a man who was not her legal husband. The main problem discussed in this thesis is whether the actions committed by Sri Endang Mulyani in Decision Number 20/G/2020/PTUN.SMG can be said to be serious disciplinary violations and whether the process of examining and imposing sanctions given by the Governor of Central Java is in accordance with Government Regulation Number 53 of 2010. To answer this problem a research was carried out, with the nature of descriptive analysis research, and the results of the research were carried out qualitatively and conclusions were made using the deductive method, which resulted in the conclusion that the violations committed by Sri Endang Mulyani could not be said to be a serious disciplinary violation and the inspection process carried out by the Governor of Central Java was appropriate, but the imposition of sanctions by the Governor of Central Java was not in accordance with Government Regulation Number 53 of 2010.
ANALISIS YURIDIS TERHADAP PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (KASUS PUTUSAN NOMOR: 28/pdt.Sus-PHI/2020/PN.Tpg) Tresiaty Sibarani; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13618

Abstract

PT Aswin Transportation Wisata (Defendant) unilaterally terminated the employment relationship with the Workers (Plaintiff) via text message on the grounds that the Covid-19 pandemic never ended so that the Defendant could not pay the Plaintiffs' wages each month. The problem of this research is whether the settlement of termination of employment between the Plaintiffs against PT Aswin Wisata Transportation is in accordance with statutory regulations and whether the Judge's Decision on the settlement of the termination of employment dispute between the plaintiffs against PT Aswin Tourism Transportation in accordance with the laws and regulations? To answer this question, a normative juridical research was carried out, which is descriptive-analytical by using secondary data which was analyzed qualitatively by deductive method as a conclusion. The results of this study are the process of settling industrial relations disputes and the Judge's decision in decision Number 28/Pdt.Sus-PHI/2020/PN.Tpg not in accordance with the PPHI Law.
ANALISIS PUTUSAN HAKIM TERHADAP UPAYA HUKUM PENINJAUAN KEMBALI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Geraldus Himawan Utomo; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15084

Abstract

Justice may file a PK against a PHI decision that has permanent legal force if either of the following circumstances exists, as stated in Article 57 of the PPHI Law: (1) the Supreme Court has determined a case at the cassation level; or (2) the PHI decision has permanent legal force. Legal efforts to settle industrial relations problems only go as far as the cassation level for rights disputes and job termination disputes since the passage of SEMA No. 3 of 2018. Problem statement: Does the law support the judge's decisions to grant judicial review in Decision Number 11 PK/PDT.SUS-PHI/2018 and to refuse judicial review in Decision Number 94 PK/PDT.SUS-PHl/2017? What are the legal repercussions of the judge's ruling in ruling Number 1 1 PK/PDT.SUS-PHI/2018 in favor of judicial review and the judge's ruling in ruling Number 94 PK/PDT.SUS-PHl/2017 to dismiss the PK lawsuit? Secondary data, primary data, and the normative research approach are all of a descriptive character. The release of SEMA Number 3 of 2018 is an effective move to minimize PK legal efforts in the process of settling labor disputes, according to the study's findings, debate, and conclusions.
GUGATAN YANG DINYATAKAN TIDAK DAPAT DITERIMA (STUDI PUTUSAN PHI BANDUNG NOMOR 171/PDT.SUS-PHI/2017/PN.BDG) Alvira Zahra Hartono; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15239

Abstract

Termination of Employment Relations is the ending of employment relationships in a way that also terminates the company's and its employees' rights and obligations. Delivered by the PHI Bandung Number 171/Pdt.Sus-PHI/2017/PN.BDG Decision that the lawsuit brought by Plaintiff N.O A vague lawsuit (obscuur libel), in which the formulation of the lawsuit is not clear and it is therefore considered formally flawed, is one of the factors that lead to the lawsuit becoming formally flawed and not being accepted. The formulation of the problem is whether there is conformity with the Decision of the Bandung Industrial Relations Judge Regarding Lawsuit Disputes. The suit (Niet Onvankelijk Verklaard) will not accept termination of employment with Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and whether Ikhsan Noviandi, S.H.. The research in a normative juridical manner based on literature studies and was analyzed qualitatively with deductive methods and secondary data. From the results of research, discussion and conclusions: The PHI decision is not in accordance with the existing provisions and it is possible for the Plaintiff to seek cassation on the Bandung PHI Decision Number 171/Pdt.Sus-PHI/2017/PN.BDG even though the Plaintiff did not submit such effort.
Co-Authors Adrian Cahdani Cakti Afrita Miranti Alvira Zahra Hartono Ananda Alfiyah Jasmine Siagian Siregar Arini Pertiwi Ayu Widia Pertiwi Cherya Metriska Elizabeth Liely Phinesia Ernawati Geraldus Himawan Utomo Kania Adriani Navyla Arjinia Putri Widjanarko Nikita Syaharani Nina Stevany Malipolla Rehuel Natalia El Tresiaty Sibarani Yoshua Setiawan