Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session
This study examines the legal consequences of industrial relations court decisions that exceed the time limit of 50 working days from the first trial. This research is normative legal research, which is conducting research by examining various laws and regulations and legal principles related to the...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
UIN Sunan Gunung Djati Bandung
2022-03-01
|
| Series: | Khazanah Hukum |
| Subjects: | |
| Online Access: | https://journal.uinsgd.ac.id/index.php/kh/article/view/17348 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849324867598417920 |
|---|---|
| author | I Made Adiwidya Yowana |
| author_facet | I Made Adiwidya Yowana |
| author_sort | I Made Adiwidya Yowana |
| collection | DOAJ |
| description | This study examines the legal consequences of industrial relations court decisions that exceed the time limit of 50 working days from the first trial. This research is normative legal research, which is conducting research by examining various laws and regulations and legal principles related to the settlement of industrial relations disputes. The study results indicate that the industrial relations court's decision is still legally valid even though the decision has passed the time limit of 50 working days from the first trial as regulated in Article 103 of the PPHI Law. This is because the procedural law adheres to lex stricta, which must be interpreted strictly, including the prohibition on the interpretation of analogies. Apart from the principle of lex stricta, the principle of res judicata pro veritate habetur, and the null and void nature of the law, it also confirms that the IRC's decision remains valid even though it violates the provisions of Article 103 of the PPHI Law. Based on the research results, it can be suggested that the Supreme Court immediately issued a Supreme Court Regulation (PERMA) regarding the imposition of administrative sanctions on the industrial relations court judges who violate the provisions of Article 103 of the PPHI Law. |
| format | Article |
| id | doaj-art-9ee2f91e924249d9a0a782a23ad1eb09 |
| institution | Kabale University |
| issn | 2715-9698 |
| language | English |
| publishDate | 2022-03-01 |
| publisher | UIN Sunan Gunung Djati Bandung |
| record_format | Article |
| series | Khazanah Hukum |
| spelling | doaj-art-9ee2f91e924249d9a0a782a23ad1eb092025-08-20T03:48:35ZengUIN Sunan Gunung Djati BandungKhazanah Hukum2715-96982022-03-0141526010.15575/kh.v4i1.173485821Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First SessionI Made Adiwidya Yowana0Sekolah Tinggi Ilmu Sosial Politik (STISPOL) Wira Bhakti DenpasarThis study examines the legal consequences of industrial relations court decisions that exceed the time limit of 50 working days from the first trial. This research is normative legal research, which is conducting research by examining various laws and regulations and legal principles related to the settlement of industrial relations disputes. The study results indicate that the industrial relations court's decision is still legally valid even though the decision has passed the time limit of 50 working days from the first trial as regulated in Article 103 of the PPHI Law. This is because the procedural law adheres to lex stricta, which must be interpreted strictly, including the prohibition on the interpretation of analogies. Apart from the principle of lex stricta, the principle of res judicata pro veritate habetur, and the null and void nature of the law, it also confirms that the IRC's decision remains valid even though it violates the provisions of Article 103 of the PPHI Law. Based on the research results, it can be suggested that the Supreme Court immediately issued a Supreme Court Regulation (PERMA) regarding the imposition of administrative sanctions on the industrial relations court judges who violate the provisions of Article 103 of the PPHI Law.https://journal.uinsgd.ac.id/index.php/kh/article/view/17348decision, industrial relations court, time limit |
| spellingShingle | I Made Adiwidya Yowana Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session Khazanah Hukum decision, industrial relations court, time limit |
| title | Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session |
| title_full | Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session |
| title_fullStr | Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session |
| title_full_unstemmed | Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session |
| title_short | Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session |
| title_sort | due to legal decisions of the industrial relations court that exceed the time limitation of 50 working days since the first session |
| topic | decision, industrial relations court, time limit |
| url | https://journal.uinsgd.ac.id/index.php/kh/article/view/17348 |
| work_keys_str_mv | AT imadeadiwidyayowana duetolegaldecisionsoftheindustrialrelationscourtthatexceedthetimelimitationof50workingdayssincethefirstsession |