Reformasi Hukum Trisakti
Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti

KOMPETENSI ABSOLUT PENGADILAN HUBUNGAN INDUSTRIAL JAKARTA PUSAT BERDASARKAN KLAUSULA ARBITRASE (PUTUSAN: 247/PDT.SUS-PHI/2019)

Sunita Caroline Pontoh (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Andari Yurikosari (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
23 Feb 2022

Abstract

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.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...