Analisis Yuridis Pelaksanaan Perjanjian Perdamaian Sebagai Penyelesaian Sengketa Akibat Kecelakaan Kerja (Analisis Putusan Pengadilan Nomor: 100/Pdt.G/2015/PN.BTM

Abstract

The field of employment law is a field that has potential problems which should be able to provide guarantees for the parties involved in a working relationship in order to obtain legal protection. The purposes of this study are to analyze the arrangement of peace agreement as a form of dispute settlement in the field of manpower in Indonesia, and how the legal considerations used by the judge of PN Batam related to the peace agreement contained in Decision Number: 100 / Pdt.G / 2015 / PN.BTM. The type of research used is normative legal research. Approaches are legislation (statute approach) and case approach (case ap-proach). The results of the study indicate that the peace agreement is regulated in Article 1851 of the Civil Code and Article 130 HIR which essentially provides that the elements of the peace agreement are: first, the agreement of both parties; detain an item in written form and the fourth, the dispute is being examined or to prevent the occurrence of a case (dispute). Whereas in relation to the verdict, the Panel of Judges is of the opinion that the peace agreement made by both parties has been made and has been partially implemented by the peace agreement made and signed by both parties and the Defendants also recognize the Peace Agreement to the Plaintiff is legally binding and become law for those who make it (pacta sunt servanda) as regulated in the provisions of Article 1338 Civil Code.