Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Some sources discuss whether certain provisions of Section 20A are mandatory or permissive. For instance, ["THE INCORPORATED OWNERS OF GRENVILLE HOUSE vs WONG TAK KEUNG STANLEY AND ANOTHER - Lands Tribunal"] notes that the word shall in s.20A(1) may be merely permissive and not by way of mandatory requirement.
Application and Amendments:
The emphasis is on legal interpretations of Section 20A, including whether compliance with certain procedural steps (like submitting a working statement) is mandatory, but no definitive statement confirms that submission of a working statement is required under the latest law.
Context of Section 20A:
References:- ["NATIONAL HIGIIWAYS AUTHORITY OF INDIA Vs HK TOLL ROAD PVT. LTD. - Delhi"]- ["THE INCORPORATED OWNERS OF GRENVILLE HOUSE vs WONG TAK KEUNG STANLEY AND ANOTHER - Lands Tribunal"]- ["THE INCORPORATED OWNERS OF GRENVILLE HOUSE vs WONG TAK KEUNG STANLEY AND ANOTHER - Lands Tribunal"]- ["SANJAY WALAVALKAR vs THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS - Bombay"]
In the complex landscape of Indonesian labor and employment regulations, businesses and employees often grapple with compliance requirements. One pressing question arises: Article 20A of Law No. 65 of 2024 (Third Amendment of Law No. 13 of 2016), is it mandatory to submit a working statement in Indonesia? This query touches on procedural obligations that could impact employers, HR professionals, and workers alike.
While Indonesian law evolves rapidly with amendments aimed at modernizing labor practices, definitive answers require careful examination of statutes and precedents. This post analyzes available legal materials, highlights key findings, and integrates insights from related jurisdictions. Note: This is general information, not legal advice. Consult a qualified Indonesian lawyer for your specific situation.
Law No. 65 of 2024 amends Law No. 13 of 2016, which governs employment relations in Indonesia. Article 20A, in particular, has sparked interest regarding whether it imposes a mandatory working statement—potentially a report on work hours, conditions, or performance. However, based on reviewed documents, there is no explicit or direct requirement mandating the submission of a working statement under these laws.
The analysis draws from primarily Malaysian legal references, which emphasize procedural fairness but lack Indonesian specifics. For instance, documents discuss the right to be heard YUSOF SUDIN vs SURUHANJAYA PERKHIDMATAN POLIS & ANOR - 2011 MarsdenLR 2882 and procedural safeguards TAN SRI DATO DR ROZALI ISMAIL & ORS vs LIM PANG CHEONG & ORS - 2011 MarsdenLR 1312, yet none reference Indonesia's procedural codes or the cited laws.
In summary from these sources: The absence of any mention or requirement in the documents suggests that the legal obligation, if any, under Indonesian law is not addressed here.
All examined documents pertain to Malaysian law, covering topics from defamation DR TAWFIQUE HASAN CHOWDHURY vs ASPALELA RAMLY - 2021 MarsdenLR 3411KUMAR KARTHIGESU vs MURALITHARAN PILLAI DM DORAISAMY & ANOTHER APPEAL (ENCLS 8 & 9) - 2019 MarsdenLR 2192 to industrial relations AZAHARI SHAHROM & ANOR vs ASSOCIATED PAN MALAYSIA CEMENT SDN BHD - 2010 MarsdenLR 396 and appellate standards CONLAY CONSTRUCTION SDN BHD vs PEREMBUN (M) SDN BHD - 2013 MarsdenLR 1165. None cite Indonesian statutes. For example, ALCATEL-LUCENT (MALAYSIA) SDN BHD vs SOLID INVESTMENTS LTD AND ANOTHER APPEAL - 2011 MarsdenLR 2194 explores corporate liability under Malaysian principles, silent on Indonesia.
Law No. 65/2024's third amendment to Law No. 13/2016 is absent. No provisions discuss working statements, defined potentially as periodic employment reports.
While not binding in Indonesia, Malaysian cases underscore general principles like res judicata EVERISE HECTARES SDN BHD vs CITIBANK BHD - 2010 MarsdenLR 3087 and objections in civil procedure YB DING KUONG HIING MP vs DR WONG HUA SEH (ENCL 85) - 2016 MarsdenLR 858. These highlight fairness but do not imply a working statement mandate elsewhere.
Article 20A appears in various global contexts, providing useful contrasts:
These examples show Article 20A often addresses procedural or protective measures, but none mandate a working statement in employment like Indonesia's query. In Malaysia, foreign judgments require jurisdiction recognition PT SANDIPALA ARTHAPUTRA vs MUEHLBAUER TECHNOLOGIES SDN BHD, echoing the need for context-specific analysis.
Recommendations:1. Review the official text of Law No. 65/2024 and Manpower Law (UU No. 13/2003 as amended).2. Check BKPM or Ministry of Manpower guidelines for reporting obligations.3. Engage local counsel, especially for foreign investors under Omnibus Law impacts.4. Monitor updates, as amendments like those in social security KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL vs WONG TON FENG show evolving standards.
Generally, no mandatory working statement submission is evident under Article 20A of Law No. 65/2024 from reviewed sources. Malaysian principles stress fairness YUSOF SUDIN vs SURUHANJAYA PERKHIDMATAN POLIS & ANOR - 2011 MarsdenLR 2882, but Indonesian compliance demands direct statute review.
Key Takeaways:- No Explicit Mandate: Absent in documents; verify primary sources.- Procedural Caution: Fairness principles apply universally TAN SRI DATO DR ROZALI ISMAIL & ORS vs LIM PANG CHEONG & ORS - 2011 MarsdenLR 1312.- Seek Expertise: Indonesian law nuances require professional advice.- Comparative Lessons: Article 20A varies by jurisdiction, from forests Kamal Kishore VS State of M. P. - 2006 Supreme(MP) 104 to inspections THE INCORPORATED OWNERS OF GRENVILLE HOUSE vs WONG TAK KEUNG STANLEY AND ANOTHER - 2024 Supreme(HK)(HKLdT) 25.
Stay compliant in Indonesia's dynamic legal environment—proactive checks prevent pitfalls. For tailored guidance, contact a licensed attorney.
Word count: ~950. References listed per document IDs above.
#IndonesianLaw, #LaborCompliance, #Article20A
65. ... Section 20A and 41 (ha) of the amended SRA do not apply in the present case as the construction phase was already completed before the amendment of the SRA came into force on 01.10.2018 as the PCC was already issued on 05.04.2016. 39. ... The learned AT also failed to appreciate that NHAI has already issued a tender for execution of the Stage Construction Works on 04.03.2024 and issued Letter of Award dated 28.03.2024 as well as Notice of Commencement of Works dated 08.04.#HL....
By way of further case law research after trial, Mr Chan submitted that the word “shall” in s.20A(1) may be merely permissive and not by way of mandatory requirement. ... No error of law identified in Third Ground 23. ... I am fully aware that, current s.20A will be repealed [8] when the 2024 Amendments take effect as from 13 July 2025 ....
] 6 CLJ 18; [2016] 3 AMR 787; [2016] 4 MLJ 602; and (5) Cik Diba has relied on an article written by Mr Balwant Singh Sidhu, "Married or Not Married? ... - That is the Question", [2002] 3 MLJ cxxix (Mr Balwant's Article) to support her submission regarding the Mandatory Registration (Non-Muslim Marriages). E. ... Security (Amendment) Act 2004 (Act A1232). ... of that marriage of contracting a valid marriage with any other person under any law, religion, custom or ....
2016 Events 13. ... This is the third of three trials concerning Mandatory Building Inspection Scheme ( MBIS ) that this Tribunal heard from June to November 2023. ... 65. ... The factors listed to subparagraphs (a) to (k) of s.20A(7) would next be considered. Lastly, I would consider how I would have exercised my discretion under s.20A(7) if it is open to me at law#HL_END....
Nick Abu Dusuki Hj Abu Hassan & Anor, [2016] 6 CLJ 18; and (5) Cik Diba has relied on an article written by Mr Balwant Singh Sidhu, "Married or Not Married? ... - That is the Question", [2002] 3 MLJ cxxix (Mr Balwant's Article) to support her submission regarding the Mandatory Registration (Non-Muslim Marriages). E. ... ' Social Security (Amendment) Act 1992 (Act A814); and (4) the Employees' Social Security (Amendment) Act 2004 (Act A1232). ... [2] The Marriage was not registered un....
The learned Counsel for the revision petitioner would submit that since the plaintiff has filed the suit originally for permanent injunction, the proposed amendment seeking reliefs of declaration and mandatory injunction, after lapse of 4 years from the filing of the suit are beyond the period of limitation ... At this juncture, it is necessary to refer Article 58 and 59 as well as Article 65 of the Indian Limitation Act. ... The Law Commission in its 89th Report reco....
for the late filing, as the law now stands since its amendment on 1 August 2021 ( Amended 7 of 2021 s.19). ... 13. ... , inhuman or degrading treatment or punishment under Article 3 of HKBOR (“BOR 3 Risk”), and risk of persecution with reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees (“Persecution Risk”). ... On 13 June 2024 the Applicant filed his Form 86 for leav....
Constitution of India ; (iii) To declare the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2023 (UP Act No. 4 of 2023) as ultra vires of Article 14 of the Article 254 (2) of the there is a deterrent, this important provision regarding working hours of the drivers cannot be implemented. All the States and Union Territories shall submit their compliance reports to the MoRTH by the end of August 2025. ... of equality before the l....
Vide Amendment Act No. IX of 1965 section 20 of the Indian Forest Act was amended and section 20A was inserted. ... State of Madhya Pradesh brought a Bill before the Legislature known as The Indian Forest (Madhya Pradesh Amendment) Bill, 1965. Statement of objects and reasons will be relevant to understand the intention, which are reproduced below : ... "Statement of objects and reasons. ... In order to save the forest lands, the Legislature has amended and inserted section 20A in Indi....
Subsequent to the said contract, the parties entered into an agreement to amend the said contract which is known as Amendment No 1 dated 13 September 2011. ... In the Amendment No 1 dated 13 September 2011, the parties inserted, inter alia, an arbitration clause as follows: "In the event there is a dispute arising from the contract and this amendment between the parties, both parties agree to settle the dispute by arbitration using ... The latter is considered as an illegal act under Article#H....
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