Faktor yang Menyebabkan Putusan Pengadilan Hubungan Industrial Tidak Dapat Dilaksanakan dan Peran Pengawas Ketenagakerjaan Dalam Upaya Mengatasinya (Studi Kasus Putusan Mahkamah Agung Nomor 1339 K/Pdt.Sus-PHI/2021)
Isna Nur Faizah, Hasrul Halili, S.H., M.A.
2023 | Skripsi | ILMU HUKUM
This research in legal writing aims to identify and analyse the factors that led to the decision of the Supreme Court Number 1339 K/Pdt.Sus-PHI/2021 is not being implemented. In addition, this study aims to identify and analyse the role of labour inspectors in overcoming these obstacles.
This research is analytically descriptive to describe legal norms and their implementation. The type of research used is empirical juridical using primary data and secondary data. Primary data was obtained through interviews with informants and respondents, while secondary data was obtained through library research. The data obtained was analysed using a qualitative descriptive method, namely by collecting and qualifying data, and then connected with theories related to the existing problems. After that, conclusions are drawn to determine the results of the study.
Based on the results of the study, two conclusions were obtained. First, the factors that caused the Supreme Court decision No. 1339 K/Pdt.Sus-PHI/2021 to be implemented include: the company was not cooperative and did not have good faith in carrying out the contents of the decision, the plaintiff did not use instruments of coercive measures in the lawsuit, and the police tend to reject reports of labour crimes and advocate for a mediation settlement. Second, the role of the Labour Inspector in law enforcement and decisions of the Industrial Relations Court which carry criminal penalties when obstacles to execution occur by coaching, special examinations, and investigations.
Kata Kunci : Eksekusi, Pengadilan Hubungan Industrial, Pengawas Ketenagakerjaan