%A NIM.: 22103040189 Muhammad Nabil Fadhlurahman
%O Dr. Misbahul Mujib, S.Ag., M.Hum.
%T PERTIMBANGAN HAKIM DALAM PENOLAKAN PUTUSAN SERTA MERTA (UITVOERBAAR BIJ VOORRAAD) TERHADAP PEMENUHAN HAK PEKERJA (STUDI PUTUSAN NOMOR 4/PDT.SUS-PHI/2024/PN YYK)
%X Industrial relations frequently give rise to disputes concerning the fulfillment of
workers' rights, particularly following the termination of employment. One legal
mechanism intended to provide immediate protection is the provisionally
enforceable judgment (uitvoerbaar bij voorraad). However, in practice, requests for
such judgments are not always granted. This study examines the judges' legal
considerations in rejecting a request for a provisionally enforceable judgment in
Decision Number 4/Pdt.Sus-PHI/2024/PN Yyk and analyzes its implications for the
fulfillment of workers' rights by applying Gustav Radbruch's theory of justice and
Philipus M. Hadjon's theory of legal protection.
This research employs an empirical legal research method with an empirical
juridical approach. Primary data were collected through interviews with judges of
the Industrial Relations Court at the Yogyakarta District Court, while secondary
data were obtained from statutory regulations, court decisions, books, and scholarly
journals. The collected data were analyzed descriptively using a qualitative
approach and inductive reasoning.
The findings reveal that the rejection of the request for a provisionally
enforceable judgment was based on considerations of legal certainty, judicial
prudence, and the failure to satisfy the requirements set forth in Article 180 of the
Herziene Indonesisch Reglement (HIR), Supreme Court Circular Letter (SEMA)
Number 3 of 2000, and SEMA Number 4 of 2001. These considerations reflect the
judges' effort to balance justice, expediency, and legal certainty. Nevertheless, the
rejection delayed the execution of the judgment and the fulfillment of workers'
statutory rights, thereby reducing the effectiveness of legal protection, as rights
recognized by the court could not be immediately enforced.
%K Pertimbangan Hakim, Putusan Serta-Merta, Uitvoerbaar Bij Voorraad;
Hak Pekerja, Perlindungan Hukum
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib78858