Government Neutrality as Mediator of Industrial Relations Dispute Settlement in State-Owned Enterprises of Indonesia

The Act number 2 of 2004 on Industrial Relations Dispute Settlement was established as a legal means for resolving the increasing and complex industrial relations dispute. It is hoped that the issuance of the Industrial Relations Dispute Settlement law will be able to realize a fast, fair and inexpensive institution and mechanism of dispute settlement of industrial relations. However, due to the consideration and objective of protecting labor rights, research has been conducted on the law through multiple approaches, namely legislation approach, concept approach and case approach. The results showed that in the The Act number 2 of 2004 on Industrial Relations Dispute Settlement there found legal inconsistency concerning industrial relations mediation, in the case of confusion between mediation and conciliation, the single authority of mediator conducted by employees of the Office of Manpower of Government as a representation of government, mediation is no longer as an alternative media, mediators exceed the standard portion, the inadequacy of the requirements to mediate, the conflict of norms to excessive government intervention and contrary to  the nature of mediation of industrial relations itself. Keywords: Mediator, conflict of norm, single authority, interventio

CHARACTERISTICS OF POWER OF ATTORNEY FOR MORTGAGE RIGHTS ON COLLATERAL LAW SYSTEM IN INDONESIA

There are two ways in executing mortgage rights, i.e., first, transferring the mortgage right by issuing mortgage deed (APHT) by the Land Deed Official (the PPAT) by making guaranteed debt agreement initially. Second, registration at the Land Office  as the issuance of mortgage rights. Provision of the General Explanation of paragraph 7 (seven) of the Act Number  4 of 1996 on Mortgage rights on Land and Land-Related Objects, referred to UUHT, stated that "in transferring the mortgage, the lender should attend before the PPAT, or appointing other party to present on his behalf with the Power of Attorney to charge for Mortgage Rights (SKMHT) in form of an authentic deed." By this provision, the SKMHT is made based on a certain circumstance (optional). Inversely, the Article 15 Paragraph (2), Paragraph (3), Paragraph (4) of the UUHT  regulates the period of SKMHT, and Article 15 Paragraph (5) of the UUHT  states that SKMHT is used to guarantee a certain type of loan. It is supported by the ratification of PMA No. 4 of 1996 concerning Determination of the Deadline for the Use of Power of Attorney to charge for Mortgage rights to Guarantee Certain Credit Settlement, which are then replaced with PMA No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney to charge for Mortgage rights to Guarantee Certain Credit Settlement. Under the provision, the SKMHT is used as a quasi-collateral. Thus, a legal reform of the SKMHT is important to realize the legal objectives, namely, legal justice, certainty and expediency, both for the community and stakeholders. Keywords: The SKMHT, Mortgage Rights. DOI: 10.7176/JLPG/87-22 Publication date:July 31st 201

The role of the actor-Network In The Regent’s Electoral Process And The Stability Of Governance (A Case Study On The Process Of Winning The Incumbent In Kupang Regency)

This research is to analyze how the stability of governance is done through actor network. This study is important as decentralization and its judicial regulations have allowed people to elect a regent (Bupati) through an electoral process. The process of regent’s candidacy can be done through a political party or independently. Politically, a Bupati from independent route lacks political support in DPRD (local representative council) so it has a potential to generate conflicts. This is where the actor network of incumbent is needed in order to support the stability of governance. This study is based on a study case on the process of winning the incumbent in Kupang Regency during the period of 2019-2019 using a qualitative method. Data are collected by way of in-depth interviews, secondary data, and field observation. In-depth interviews are done using a guideline for unstructured interview and open-ended questions for informants that have been purposely designated. The analysis is focused on the process of establishment of actor-network, support from DPRD to Bupati’s programs from independent route, a model of actor-network in governance, stability of governance, and a model of future electoral process. Results of this study reveal the following. First, main actor (incumbent) and non-actor in the form of family network, elite network and cultural network (oko mama) play an important role in the establishment of actor-network for the incumbent’s success. Second, DPRD’s support to Bupati is reflected in coordination and communication among bureaucracy. But it fails to set up professionalism among bureaucracy as it is full of interest. Third, the model of “Titu Eki” actor-network in the governance of Kupang Regency is different from the one during the 2013 election (Pilkada). Fourth, the resulting model leads to artificial stability of governance. Fifth, capacity, acceptability, and compactibily of candidate that can accommodate traditional values and support from a political party will be a model the next electoral process. Theoretical implication of this study on the development of government science is the importance of developing the same model of actor-network in other regions that can generate substantive stability of governance

The Nature of Legal Protection of Bank Customers in Reporting Financial Information for Taxation Purposes

This research is motivated by the existence of automatic financial information reports regulations as part of bank secrecy, which causes disharmony between laws and regulations of banking, automatic financial information reports and taxation sectors. This research is aimed at discovering and analyzing bank customer legal protection of financial Information Reporting for Taxation sector. The research applies normative juridical research with various approaches, namely the statutory approach, case approach, conceptual approach, and historical approach. The sources of legal materials used consist of primary legal materials, secondary legal materials and non-legal legal materials. This study found that the essence of legal protection in reporting financial information in the field of taxation is the existence of legal protection related to the security of financial information as the bank secret contrary to the principle of legal protection for bank customers, there is no legal certainty about the limits of bank secrecy which should essentially be kept secret without exception. The nature of the legal protection of bank customers should be able to provide guarantees of certainty, justice and benefits for bank customers. The implementation of financial information reporting is not in accordance with the principle of legal protection of bank customer. Keywords: bank customers, bank secrecy, financial information reporting, the nature of legal protection DOI: 10.7176/JLPG/125-02 Publication date:October 31st 2022

THE MEANING OF THE IMMOVABLE GOODS SALE UNDER THE CURATOR’S HANDS

The verdict of bankruptcy statements against debtors change the legal status of a person to be incapable of carrying out legal actions. All arrangements and settlement of bankrupt debtor assets are carried out by the curator. One way of selling bankrupt assets is by selling under the hands of the curator with the permission of the supervisory judge. However, the Law does not explain what is meant by types of objects, especially immovable objects and the sale process under the hands of the supervisory judge's permission clearly and firmly. For these factds, this study aims at analyzing and finding the meaning of immovable objects sale under the hands of the curator. For this analysis, it uses such approaches as statute approach, conseptual approach, and case approach. The research result found out the concept that the immovable objects according to the type in guarantee law can be  qualified as land. The sale of immovable objects on bankrupt assets under the hands of the curator if the ownership rights in the debtor's name only require the supervisor's permission. However, if the bankrupt assets which ownership rights are in the name of a third party, the supervisory judge's permission is used to submit a request to the Commercial Court to determine the authority of the curator to sell immovable objects under the hand. The curator is responsible for errors and / or negligence in carrying out the management duties and / or settelement that causes losses to bankrupt assets, both in civil law and criminal law. Keywords: civil law and criminal law, bankrupt, immovable goods. DOI: 10.7176/JLPG/87-21 Publication date:July 31st 201