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KOMPETENSI ABSOLUT PENGADILAN HUBUNGAN INDUSTRIAL JAKARTA PUSAT BERDASARKAN KLAUSULA ARBITRASE (PUTUSAN: 247/PDT.SUS-PHI/2019) Sunita Caroline Pontoh; Andari Yurikosari
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

PT Harry Sangari, the defendant, failed to pay him his salaries. Phillip Sekuritas Indonesia because the employment contract between the plaintiff and the defendant has an arbitration clause that impairs the Industrial Relations Court's unqualified authority. This research focuses on Decision 247/Pdt.Sus-PHI/2019. Deals with the topic what is the analysis of the decision made by the panel of judges of the Industrial Relations Court Central Jakarta in deciding dispute number 247/Pdt.Sus-PHI/2019 regarding the arbitration clause in a cooperation agreement, and how is the absolute competence of the Central Jakarta Industrial Relations Court in examining and deciding disputes on rights based on the arbitration clause in the cooperation agreement based on statutory regulations. This research is normative, descriptive, using primary and secondary data, qualitatively analyses, with a deductive method. It can be concluded that the industrial relations court does not have the authority to decide on the case because the procedural law that applies to the parties is the civil procedural law contained in the civil code. Analysis of the Decision Number 247/PDT.SUS-PHI/2019 is not in accordance with Article 50 of Law Number 48 of 2009 concerning Judicial Power so that the decision is included in the wrong an unreasonable decision.

RISALAH MEDIASI SEBAGAI SYARAT FORMIL DALAM MENGAJUKAN GUGATAN PENGADILAN HUBUNGAN INDUSTRIAL Raden Reza Faris Thrienandya; Andari Yurikosari
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The PHI judge in decision Number 211/Pdt.Sus-PHI/2020/PN.Jkt.Pst) granted part of the Plaintiff's lawsuit, but the PHI Judge did not state that the PHI settlement process must be proven to have mediated by showing the minutes of mediation settlement as a formal requirement for filing a lawsuit at the Industrial Relations Court issued by an authorized official as a mediator to provide minutes of mediation settlement to the disputing parties. The type of research here is normative research with secondary data sources supported by primary data. The nature of descriptive research and conclusions with deductive reasoning. This research resulted in the conclusion that the judge's consideration of the mediation minutes in the decision was not in accordance with the applicable laws and regulations. Decision Number 211/Pdt.Sus-PHI/2020/PN.Jkt.Pst the judge did not heed the exceptions from the defendant so the judge continued to decide the case and rejected the defendant's exception regarding the processual exception.

ANALISIS YURIDIS TENTANG KOMPETENSI RELATIF PENGADILAN HUBUNGAN INDUSTRIAL JAKARTA PUSAT COMPETENCY ANALYSIS OF CENTRAL JAKARTA INDUSTRIAL RELATIONS COURTS Laila Rafida Rofi; Andari Yurikosari
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

An industrial relations dispute is a difference of opinion that results in conflict between employers or a combination of employers and workers/labor unions because of disputes regarding rights, interests, work relations and between work/labor unions. The industrial relations dispute that occurred between workers, namely Roy Sahata and PT Taruna Kusuma stated in the company regulations, namely in the Semarang court, however, the Central Jakarta Industrial Relations Court ruled that the Central Jakarta Industrial Court had the authority and examined the disputes that occurred.

GUGATAN PERBUATAN MELAWAN HUKUM PENGADILAN HUBUNGAN INDUSTRIAL BENGKULU (PUTUSAN NOMOR 6/PDT.SUS-PHI.2020/PN BGL) Hartanto Wibowo; Andari Yurikosari
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Industrial Relations Court is not authorized to examine and decide on other cases but Supreme Court Circular Number 3 of 2018 adds a little bit regarding the instructions that apply within the Supreme Court and below, namely the Industrial Relations Court can examine and decide on lawsuits for unlawful acts. The problems: how is the argument for the lawsuit against the law based on the judge's consideration in deciding the rights dispute between Ufa Fachrulrozy and PT Julang Oca Permana based on statutory regulations and what are the legal consequences for the judgment of the judge who rejects the argument for an unlawful act as an authority in the industrial relations court? This article uses synchronization normative legal, using secondary data and primary data, analyzed qualitatively, and concluded logically deductively. In conclusion, the results of the study show that the panel of judges in Decision Number: 6/Pdt.sus-PHI/2020/PN Bgl is more inclined to use the Law than the Supreme Court Circular Letter and the legal consequence is that the plaintiff is harmed and the plaintiff can submit a legal remedy in the form of cassation.

HAK PEGAWAI NEGERI SIPIL YANG TERPIDANA KORUPSI (Studi Putusan PTUN Nomor 146/G/2019/PTUN-MDN) Graceia Vidya Delphia; Andari Yurikosari
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A Civil Servant, starting work as a Civil Servant Candidate in Central Tapanuli City, sued the Regent's Decree Number 2391/BKD/2018. After serving time in prison, the Plaintiff is still active again and receives a salary as a Civil Servant. normative juridical research, which is a descriptive analysis using secondary data which is analyzed qualitatively with a deductive method as a conclusion, based on the analysis carried out and it is concluded that 1) The basis uses article 87 paragraph 2 letter b of Law no. 5 of 2014 concerning ASN, the plaintiff must be dismissed as a Civil Servant 2) Based on Article 275 of Government Regulation Number 11 of 2017 concerning Management of State Civil Apparatuses for Civil Servants which has been proven convincing and valid through a Court Decision. Corruption Crimes need to be dishonorably discharged according to the President's procedures.

PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DALAM PEMUTUSAN HUBUNGAN KERJA (PHK) MENURUT SISTEM PERADILAN DI INDONESIA DENGAN MALAYSIA: Settlement of Industrial Relations Disputes in Termination of Employment According to the Judicial System in Indonesia and Malaysia Normalita Rizky; Andari Yurikosari
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.v1i1.19593

Industrial relations conflicts are intricate issues that often arise in the lives of individuals, particularly for those in worker and employer roles. These conflicts can lead to employment termination or layoffs. Each country has its own methods for resolving labor disputes depending on the adopted legal system. Indonesia uses a Civil Law system, while Malaysia follows a Common Law system, resulting in different approaches to resolving these conflicts. This study aims to examine and describe the impact and resolution efforts related to labor disputes in both countries. The research methodology employed is normative legal research, with a descriptive analytical approach. Primary data, obtained from interviews, and secondary data, obtained from literature studies, were used for analysis. The study reveals notable disparities in labor dispute resolution between the two countries, particularly in the process and the role of judges during dispute resolution hearings.

TINJAUAN YURIDIS PEMBERHENTIAN TIDAK HORMAT APARATUR SIPIL NEGARA KARENA MELAKUKAN PIDANA KORUPSI: Juridical Review Disrespectful Dismissal of State Civil Apparatus for Committing Corruption Crimes Rivi Pratama Putra; Andari Yurikosari
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.v1i2.19762

Every State Civil Apparatus (ASN) has an obligation to always be able to comply with all codes of ethics and regulations that govern, namely the Laws. The Disrespectful Dismissal Case committed by Daduk Agustyanta, Daduk Agustyanta's brother is a Civil Servant (PNS). The formulation of the problem in the case of Daduk Agustyanta's brother is whether the dismissal process does not respect the State Civil Apparatus based on decision Number 24/G/2021/PTUN.Sby in accordance with BKN Regulation Number 3 of 2020 concerning Technical Instructions for Dismissal of Civil Servants and what are the legal consequences for State Civil Apparatuses that are proven commit acts of corruption. Secondary and primary data are used as research supporting data, and normative law is used for descriptive research methods. using qualitative analysis and making conclusions with deductive logic. The results of the study showed that Daduk Agustyanta's brother had been dishonorably discharged based on Law Number 5 of 2014 concerning the State Civil Apparatus. Based on the discussion, the law has binding legal force because it is in accordance with the statutory hierarchy. In conclusion, the dismissal process handed down to brother Daduk Agustyanta was in accordance with the flow of dismissal stipulated in Law Number 5 of 2014 concerning State Civil Apparatuses and the legal consequences received by brother Daduk Agustyanta for committing a Corruption Crime, namely being dishonorably discharged and brother Daduk Agustyanta lost his employment rights and pension rights

KOMPETENSI ABSOLUT PENGADILAN HUBUNGAN INDUSTRIAL JAKARTA PUSAT BERDASARKAN KLAUSULA ARBITRASE (PUTUSAN: 247/PDT.SUS-PHI/2019) Sunita Caroline Pontoh; Andari Yurikosari
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.v4i1.13407

PT Harry Sangari, the defendant, failed to pay him his salaries. Phillip Sekuritas Indonesia because the employment contract between the plaintiff and the defendant has an arbitration clause that impairs the Industrial Relations Court's unqualified authority. This research focuses on Decision 247/Pdt.Sus-PHI/2019. Deals with the topic what is the analysis of the decision made by the panel of judges of the Industrial Relations Court Central Jakarta in deciding dispute number 247/Pdt.Sus-PHI/2019 regarding the arbitration clause in a cooperation agreement, and how is the absolute competence of the Central Jakarta Industrial Relations Court in examining and deciding disputes on rights based on the arbitration clause in the cooperation agreement based on statutory regulations. This research is normative, descriptive, using primary and secondary data, qualitatively analyses, with a deductive method. It can be concluded that the industrial relations court does not have the authority to decide on the case because the procedural law that applies to the parties is the civil procedural law contained in the civil code. Analysis of the Decision Number 247/PDT.SUS-PHI/2019 is not in accordance with Article 50 of Law Number 48 of 2009 concerning Judicial Power so that the decision is included in the wrong an unreasonable decision.

RISALAH MEDIASI SEBAGAI SYARAT FORMIL DALAM MENGAJUKAN GUGATAN PENGADILAN HUBUNGAN INDUSTRIAL Raden Reza Faris Thrienandya; Andari Yurikosari
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.v4i1.13411

The PHI judge in decision Number 211/Pdt.Sus-PHI/2020/PN.Jkt.Pst) granted part of the Plaintiff's lawsuit, but the PHI Judge did not state that the PHI settlement process must be proven to have mediated by showing the minutes of mediation settlement as a formal requirement for filing a lawsuit at the Industrial Relations Court issued by an authorized official as a mediator to provide minutes of mediation settlement to the disputing parties. The type of research here is normative research with secondary data sources supported by primary data. The nature of descriptive research and conclusions with deductive reasoning. This research resulted in the conclusion that the judge's consideration of the mediation minutes in the decision was not in accordance with the applicable laws and regulations. Decision Number 211/Pdt.Sus-PHI/2020/PN.Jkt.Pst the judge did not heed the exceptions from the defendant so the judge continued to decide the case and rejected the defendant's exception regarding the processual exception.

ANALISIS YURIDIS TENTANG KOMPETENSI RELATIF PENGADILAN HUBUNGAN INDUSTRIAL JAKARTA PUSAT COMPETENCY ANALYSIS OF CENTRAL JAKARTA INDUSTRIAL RELATIONS COURTS Laila Rafida Rofi; Andari Yurikosari
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.v4i2.13602

An industrial relations dispute is a difference of opinion that results in conflict between employers or a combination of employers and workers/labor unions because of disputes regarding rights, interests, work relations and between work/labor unions. The industrial relations dispute that occurred between workers, namely Roy Sahata and PT Taruna Kusuma stated in the company regulations, namely in the Semarang court, however, the Central Jakarta Industrial Relations Court ruled that the Central Jakarta Industrial Court had the authority and examined the disputes that occurred.

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