BibTex Citation Data :
@article{ALJ2818, author = {Sonhaji Sonhaji}, title = {Analisis Putusan Mahkamah Agung Nomor 501 K/ PDT.SUS-PHI/ 2016 Tentang Pemutusan Hubungan Kerja}, journal = {Administrative Law and Governance Journal}, volume = {1}, number = {2}, year = {2018}, keywords = {}, abstract = { The purpose of this study is to know that the Certain Working Agreement on Oral Time is not allowed in the legislation, the Supreme Court judges consideration in deciding the case Number 501 K / Pdt.Sus-PHI / 2016 and the conformity of the decision with the law applicable in Indonesia. This study uses normative juridical method, which is analytical descriptive, with data collection method in the form of library study and supported by interview with judges. The results of the research show that First, the judge's decision is unfair to both parties litigation because the defendant is not punished to pay the wage of suspension (wage process) with emphasis on the consideration of unwritten PKWT so that by law become PKWTT. Second The process wage demands which are not accepted by the judge are contrary to the laws and regulations on employment and on the settlement of industrial relations disputes because the law requires that workers and employers continue to perform their obligations until the establishment of an Industrial Dispute Settlement Institution, including the obligation of employers to pay the wage of a suspension (wages process). So the Supreme Court Decision Number 501 K / Pdt.Sus-PHI / 2016 is less in accordance with the prevailing laws and regulations in Indonesia. Keywords: Oral Employment Agreement, Termination Dispute, Employment }, issn = {2621-2781}, pages = {128--148} doi = {10.14710/alj.v1i2.128-148}, url = {https://ejournal2.undip.ac.id/index.php/alj/article/view/2818} }
Refworks Citation Data :
The purpose of this study is to know that the Certain Working Agreement on Oral Time is not allowed in the legislation, the Supreme Court judges consideration in deciding the case Number 501 K / Pdt.Sus-PHI / 2016 and the conformity of the decision with the law applicable in Indonesia. This study uses normative juridical method, which is analytical descriptive, with data collection method in the form of library study and supported by interview with judges. The results of the research show that First, the judge's decision is unfair to both parties litigation because the defendant is not punished to pay the wage of suspension (wage process) with emphasis on the consideration of unwritten PKWT so that by law become PKWTT. Second The process wage demands which are not accepted by the judge are contrary to the laws and regulations on employment and on the settlement of industrial relations disputes because the law requires that workers and employers continue to perform their obligations until the establishment of an Industrial Dispute Settlement Institution, including the obligation of employers to pay the wage of a suspension (wages process). So the Supreme Court Decision Number 501 K / Pdt.Sus-PHI / 2016 is less in accordance with the prevailing laws and regulations in Indonesia.
Keywords: Oral Employment Agreement, Termination Dispute, Employment
Article Metrics:
Last update:
Administrative Law & Governance Journal published by State Administrative Law Department Faculty of Law, Diponegoro University under Creative Commons Attribution-NonCommercial 4.0 International License.
The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to the Administrative Law & Governance Journal and Administrative Law Department, Faculty of Law, Diponegoro University as the publisher of the journal. Copyright encompasses the rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms, and any other similar reproductions, as well as translations.
Administrative Law & Governance Journal and Administrative Law Department, Faculty of Law, Diponegoro University and the Editors make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in the Administrative Law & Governance Journal are the sole and exclusive responsibility of their respective authors and advertisers.
The Copyright Transfer Form can be downloaded here: [Copyright Transfer Form Administrative Law & Governance Journal]. The copyright form should be signed originally and send to the Editorial Office in the form of original mail, scanned document:
Muhamad Azhar (Editor-in-Chief)
Editorial Office of Administrative Law & Governance Journal
Administrative Law Department, Faculty of Law, Diponegoro University
Campus Prof. Dr. Satjipto Raharjo, S.H,Jl. Prof. Soedarto, SH., Tembalang, SemarangIndonesia 50275
Administrative Law and Governance Journal (e-ISSN 2621-2781) published by the State Administrative Law Department
Faculty of Law, Diponegoro University under Creative Commons Attribution-NonCommercial 4.0 International License.
alj@live.undip.ac.id
https://ejournal2.undip.ac.id/index.php/alj