Penyelesaian sengketa tentang mitra kerja di pengadilan hubungan industrial dengan melakukan gugatan dan tidak melakukan gugatan lebih dahulu

mamik, krustiningsih (2022) Penyelesaian sengketa tentang mitra kerja di pengadilan hubungan industrial dengan melakukan gugatan dan tidak melakukan gugatan lebih dahulu. Masters (S2) thesis, Wijaya Kusuma Surabaya University.

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Abstract

ABSTRACT Accomplishment Resolution About Partners In the Industrial Relations Court by Making a Lawsuit Without Doing any First Lawsuit This research was conducted with the aim of knowing the differences in the dispute resolution process between partners who are workers and partners who are not workers and the resolution of disputes about partners in the Industrial Relations Court by filing a lawsuit and not filing a lawsuit first, while the method of this research is a juridical research, normative method. The differences in dispute resolution regarding work partners being workers and non-working partners occur because of differences in the legal relationship between workers and employers or company leaders, namely employment relationships and cooperative relationships, so that the agreements made are also different, namely work agreements and cooperation agreements. Work partners who are workers are based on a work agreement, while work partners who are not workers are based on a cooperation agreement. Settlement of disputes between partners who are workers is regulated in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes (PPHI), while dispute resolutions for partners who are not workers can be carried out in the District Court based on their relative competence. PT. Sadikun and CV. Rapi gives the status of the worker using the term partner to the worker who works as a driver, and because the worker was dismissed unilaterally by the company, the worker filed a lawsuit at the Industrial Relations Court. PT. Sadikun resolved his dispute without first filing a lawsuit in the District Court to prove that the cooperation agreement between his workers who were referred to as work partners and the entrepreneur or company leader was valid. Consequently, the case of PT. Sadikun lost. The Panel of Judges at the Industrial Relations Court is of the opinion that the company has made a mistake in applying the cooperation agreement to its drivers or workers, because the relationship between a worker and his company is an employment relationship. CV. Rapi resolves the dispute at the Industrial Relations Court by filing a lawsuit first in the District Court to prove the cooperation agreement between the workers who are referred to as work partners and the entrepreneur or company leader is valid so that the case of CV. Rapi wins. The Panel of Judges at the Industrial Relations Court is of the opinion that the legal relationship between the Plaintiff (Driver/Employee) and the Defendant (Company/CV. Rapi) is a cooperative relationship, not a working relationship. Keywords: Partners, Industrial Relations Court, Lawsuit.

Item Type:	Thesis (Masters (S2))
Uncontrolled Keywords:	Partners, Industrial Relations Court, Lawsuit.
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Master in Law Sciences Study Program
Depositing User:	31 Mamik Uwks
Date Deposited:	30 Sep 2022 03:51
Last Modified:	30 Sep 2022 03:51
URI:	http://erepository.uwks.ac.id/id/eprint/12628

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