The Role of Collective Labor Agreements (CLA) To Create Legal Certainty for Workers in the Settlement of Study Labor Disputes at PT Panggung Jaya Indah Textile

Abstract

The Attorney General's Office released AGO Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. According to this regulation, the Public Prosecutor (JPU) has the right to stop the process of prosecuting the accused in some instances, if there is an amicable agreement between the victim and the defendant. The purpose of this study is to examine and analyze the weaknesses of the regulation of the position of the Prosecutor in the current settlement of general crimes by restorative justice and to reconstruct the regulation of the position of the Prosecutor in the settlement of general crimes by restorative justice based on the value of justice. This study uses a constructivist paradigm with a socio-legal by examining secondary data and primary data by finding the legal reality experienced in the field, as well as a qualitative descriptive method, namely where the data obtained, are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be collected. will be presented descriptively. Based on the findings of this dissertation research, it is found that in principle criminal cases can be closed. Prosecutions terminated based on restorative justice limited to perpetrators who have recently committed a crime, not recidivists, and only to minor crimes. The Weakness of the Prosecutor in the settlement of general crimes in restorative justice is the legal substance (legal substance) Article 5 paragraph (5), Article 9 paragraph (5), PERJA NO 15 of 2020. Legal Structure, namely the expertise of the Public Prosecutor in providing the best offer or introducing a restorative concept to the parties. Legal culture (legal culture) assumes that what is done by the perpetrator must end with a criminal penalty. So it is necessary to reconstruct Article 3 paragraph (5), Article 5, Article 9, Article 12, the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice.