执行具有永久法律效力的劳资关系法庭的裁决

Daniel Ritonga, Achmad Fitrian, Gatut Hendro
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引用次数: 1

摘要

本研究将探讨具有永久法律效力的劳资关系法院判决的执行,旨在揭示和分析具有永久法律效力的劳资关系法院判决的执行过程,以及阻碍劳资关系法院判决执行的因素。这是一项运用规范法学研究的文献研究。通过图书馆研究收集的数据,即通过研究来自各种来源的、广泛出版的、规范性法律研究所需要的关于法律的书面信息而收集的数据。调查结果强调,2004年关于劳资关系争端解决的第2号法律没有明确规定执行具有永久法律效力的劳资关系法院裁决的程序。但是,《劳资关系纠纷解决办法》确认,劳资关系法院适用《劳资关系纠纷解决办法》第57条规定的适用于普通法院民事诉讼法的程序法。败诉方缺乏自愿履行判决书中规定的义务的诚意,是阻碍执行劳资关系法院裁决的因素之一。劳资关系法院的裁决具有永久的法律效力。此外,在本案中,胜诉方,即工人,很难确定哪些公司资产可以对败诉方执行,而且执行成本太高,法院无法发出执行令。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
EXECUTION OF DECISIONS OF THE INDUSTRIAL RELATIONS COURT WITH PERMANENT LEGAL FORCE (INKRACHT)
The research will discuss the execution of industrial relations court decisions with permanent legal force, aiming to reveal and analyze how the process of implementing industrial relations court decisions with permanent legal force and what factors hinder the execution of industrial relations court decisions with permanent legal force. This is a literature study using normative legal research. The data collected by library research, namely by the study of written information about the law that comes from various sources and is widely published and is needed in normative legal research. The findings highlight that the procedure for the execution of industrial relations court decisions that have permanent legal force has not been explicitly regulated in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement. However, Industrial Relations Dispute Settlement confirms that the Industrial Relations Court applies procedural law applicable to civil procedural law within the General Courts as stated in Article 57 of Industrial Relations Dispute Settlement. The lack of good faith on the part of the losing party to voluntarily carry out their obligations as stated in the verdict is one of the factors impeding the execution of the Industrial Relations Court's decision, which has permanent legal force. In addition, it is difficult for the winning party, in this case the workers, to determine which company assets can be executed against the losing party, and the execution cost is too high for the court to issue an execution order.
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