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KONSTRUKSI HUKUM : EKSEKUSI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL MELALUI PENGADILAN NIAGA (STUDI KASUS PUTUSAN PENGADILAN NIAGA NOMOR 324/PDT.SUS-PKPU/2022/PN NIAGA.JKT.PST DAN PUTUSAN PENGADILAN NIAGA NOMOR 70/PDT.SUS-PKPU/2023/PN.NIAGA.SBY)

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This study focuses on the issue of enforcing decisions rendered by the Industrial Rclalions Court (IRC), which is frequently hindered by various technical and procedural obstacles despite such decisions having acquired final and binding legal force. The primary challenges in enforcing IRC judgement include employers’ low compliance with court decisions and the lengthy and costly executions process. As an alternative mechanism, the Commercial Court may serve to address these constraint, given its faster and more efficient procedures in handling cases involving companies experiencing financial difficulties. This research aims to analyze the legal framework for enforcing lndustrial Relations Court decisions through the Commercial Court and to provide recommendations for improving the existing legal system. The study employs a normative legal research method using statutory, case and historicaI approaches. The data were obtained through Iibrary research, encompassing legislation, court decisions, and other relevant legal documents. The findings indicate that utilizing the Commercial Court as mechanism for enforcing lndusnial Relations Court decisions can enhance efficiency and legal certainty, particularly in ensuring the fulfillment of workers' outstanding rights and entitlements owed by financially distressed employers. The study concludes that the legal framework governing the enforcement of IRC decisions through the Commercial Court has the potential to expedite the execution process and reduce legal uncertainty. Accordingly, it reccommends strengthening the synergy between industrial relations law and commercial law systems. as well as reforming relevant regulations to facilitate the implementation of fair and enicicm enforcement mechanisms.

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Detail Information

Series Title

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Call Number

T2014212026

Publisher

Palembang : Prodi Magister Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 141 hlm.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

347.17

Content Type

Text

Media Type

-

Carrier Type

-

Edition

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Subject(s)

Prodi Magister Ilmu Hukum
Hukum Pengadilan Niaga

Specific Detail Info

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Statement of Responsibility

MI

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