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

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Journal : Amicus Curiae

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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

Abstract

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

Abstract

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
Co-Authors Graceia Vidya Delphia Hartanto Wibowo Laila Rafida Rofi Mohammad Farhan Fajari Normalita Rizky Raden Reza Faris Thrienandya Rivi Pratama Putra Sunita Caroline Pontoh