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I Nengah Sucipta Angga Putra; I Gusti Ayu Eviani Yuliantari; Putu Eva Ditayani Antari; Kadek Januarsa Adi Sudharma

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research aims to analyze the legal protection of workers' rights during Termination of Employment (PHK) due to company bankruptcy, as well as assessing the conformity between applicable legal provisions and practice in the field. The method used is normative legal research with a statutory and factual approach. The research examines various legal regulations related to employment and bankruptcy, as well as the implementation of these regulations in resolving employment disputes. The research results show that the regulation of layoffs according to Law Number 6 of 2023 concerning Job Creation emphasizes that layoffs are the termination of the employment relationship due to certain things which result in the end of the rights and obligations between workers and employers which is a last resort. In practice, however, workers often experience difficulties in obtaining their normative rights, especially when companies face financial instability or insolvency. Then the responsibilities that can be carried out by companies to realize fair legal protection for workers are divided into 2 (two) efforts, namely preventive and repressive. Preventive efforts include compliance with labor regulations and transparent communication, while repressive efforts are carried out through dispute settlement and fulfillment of workers’ compensation rights. This research confirms the existence of a gap between legal norms and practice in the field. Therefore, it is necessary to increase legal awareness and strengthen regulatory enforcement to ensure the fulfillment of the rights of workers affected by layoffs.

Anugraheni Wardah Ulinnuha; Can Gita Yuliana; Kingkin Setyaningsih; Destri Tsurayya Istiqamah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Infrastructure development as a National Strategic Project (NSP), such as the Yogyakarta-Bawen Toll Road, aims to improve public welfare but often faces a crucial issue in the land acquisition process, namely the determination of compensation. This research examines the application of substantive justice, which focuses not only on procedural compliance (procedural justice) but also on the fairness and adequacy of the final outcome for the entitled parties. Using a juridical-empirical approach, this article analyzes two main problems: first, how substantive justice is realized in the deliberation stage of determining compensation and what factors cause disagreement from residents. Second, how the overall stages of land acquisition affect the achievement of substantive justice and the obstacles encountered. The analysis shows that although the land acquisition stages have procedurally followed Law No. 2 of 2012, the achievement of substantive justice is still hindered. Factors such as the appraisal of compensation which is deemed not to cover non-physical losses, lack of transparency, and an imbalanced bargaining position in deliberations are the main causes of disagreement. Obstacles in the planning, socialization, and payment stages also impede the realization of a complete sense of justice for the affected communities. This study is expected to contribute to the development of land acquisition policies that prioritize fairness, transparency, and the protection of the rights of affected communities.

Satria Yuritama; Nurhayani Nurhayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

BPJS Ketenagakerjaan aims to protect workers and ensure their welfare. However, in reality, many companies do not register some or all of their workers, which affects the welfare of workers and has the potential to impact the social security system as a whole. The research questions are: How does the non-payment of BPJS Ketenagakerjaan contributions affect workers' rights in relation to the theory of legal protection in Decision Number 40/Pdt.G.S/2023/PN Pbr and How the mechanism for fulfilling workers' rights when a company that has previously defaulted on its contributions has paid off its obligations. This research is normative-empirical, using three approaches, namely legislation, case studies, and legal sociology. The results show that the arrears in this case not only caused workers to lose access to JKK, JKM, JHT, and JP program benefits, but also placed them in economic and social vulnerability because they did not receive compensation when employment risks occurred. After the company has fulfilled its obligations, the membership and service team will verify the payment and reactivate the participant's status so that workers can reapply for claims, thereby ensuring that workers' rights are promptly fulfilled both administratively and substantively.

Edgart Marpaul Boelan; Simplexius Asa; Orpa Ganefo Manuain

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the urgency of regulating the nominal limit of restitution in criminal case resolution through a restorative justice approach from the perspective of legal certainty. Restorative justice in Indonesia is governed by PERKAP No. 8 of 2021, PERJA No. 15 of 2020, and PERMA No. 1 of 2024. However, none of these regulations explicitly stipulate the nominal limit of compensation payable to victims. The absence of such a provision potentially leads to legal uncertainty and unfair practices, particularly in cases where resolution depends on the offender's ability to pay restitution. This research adopts a normative juridical method using statutory and conceptual approaches. The study aims to analyze the necessity of regulating nominal limits and how such limits should be determined under the prevailing legal framework. The findings reveal that the lack of clear restitution limits hampers the effective implementation of restorative justice, undermines fairness, and fails to adequately protect victims' rights. Legal regulation of compensation limits is necessary to ensure legal certainty, prevent abuse of power, and uphold justice in the victim recovery process. The study recommends that the state promptly establish clear restitution limits through revision of existing regulations or formulation of new ones, taking into account the principles of justice, the offender’s financial capacity, and the proportionality of the victim's losses.

Nurul Ramadhini; Kartika Dewi Irianto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Copyright infringement in the music sector continues to be a significant issue in Indonesia, particularly when musical works are commercially used by business operators. Copyright law provides legal protection for creative works, including songs or music, by granting exclusive rights to control use and derive benefits from such creations. This research examines the legal analysis of copyright holders in compensation for royalty payments. The method used in this research is normative, supplemented by literature studies, including relevant regulations and previous research on song or music copyright. The research findings indicate that royalty payment is a legal obligation for every user of songs in commercial activities, and creators are entitled to such compensation. However, in the Mie Gacoan case in Bali, it is evident that the implementation of these provisions remains constrained due to weak legal understanding, supervision, and compliance, necessitating strengthened law enforcement and optimization of the role of collective management institutions.

, Faradila Faradila; Nur Arifudin; Nomensen Freddy Siahaan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This is related to the rights of traffic accident victims regulated in Article 240 of Law 22 of 2009 concerning Road Traffic and Transportation "traffic accident victims have the right to receive compensation from the party responsible and are entitled to insurance compensation from the insurance company". Article 1365 of the Civil Code, every person who commits an unlawful act is obliged to compensate for the losses arising from his or her mistake. In fact, many accidents occur due to damaged roads in Samarinda City, so this is one of the factors causing traffic accidents.The aim of this research is to answer two things. First, to find out and examine unlawful acts by the authorities in cases of traffic accidents due to damaged roads. Second, we want to know and examine the legal responsibilities of road operators. In this part of the research, we review and explore the relevant laws that regulate and are relevant to claims for compensation against road operators by victims of traffic accidents due to damaged roads.The results obtained from this research are as follows: 1) In this case, the occurrence of traffic accidents in terms of the last 5 years continues to show a significant increase, which means that the government has not maximally provided the community's rights, namely to have good roads. One of the causes of accidents is damaged roads, but to date no member of the public has filed a civil lawsuit against the government for compensation for the pain they suffered. 2) The government's regulations and efforts to provide protection for road users are sufficient, but they are not implemented optimally, in fact the public has never been given an appeal to demand their rights to receive good roads.  

Sudjai Sudjai; Didit Darmawan; Muhammad Zufar Afifudin; Gusti Ananda Syalum Saputra; Triyono Meidi Rahman +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The concept of force majeure is essential in business agreements in Indonesia, as it regulates the release of contractual obligations that cannot be fulfilled due to events beyond their control such as natural disasters, pandemics, conflicts, or government policies. This study examines force majeure clauses in business agreements in Indonesia from a normative juridical perspective, focusing on the legal framework, its application practices, and its legal implications for contractual certainty. Using normative juridical qualitative methods, data were analyzed from the Civil Code (KUHPerdata) Articles 1244–1245 and 1444–1445, legal doctrine, and literature. The results of the study underlined that the force majeure clause has a strong legal basis in the Civil Code, which exempts the affected party from the obligation of compensation if the failure to perform the obligation is caused by events beyond his control. The application of this clause in the contract allows for the revision, postponement, or termination of a temporary contract, thereby guaranteeing legal certainty and protecting the principles of good faith and contractual fairness. In addition, the formulation of detailed clauses in the contract is crucial to prevent potential legal disputes down the road and ensure fair protection for all parties involved in the business agreement.

Andrea Rahmadani; Yurisa Martanti; Khoirul Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The construction of toll roads in Indonesia often causes land acquisition disputes, especially related to compensation for remaining land that is no longer productive. Although Article 65A paragraph (1) of Government Regulation No. 39 of 2023 provides the right for the community to demand compensation for the remaining land, practice on the ground shows a discrepancy between normative rights and the realization of compensation. This research uses a normative legal approach with legislative, conceptual, analytical, and case study methods, and refers to Dean G. Pruitt's Dispute Resolution Theory and Philipus M. Hadjon's Legal Protection Theory. The results of the study show that the non-litigation resolution mechanism (problem solving) is often ineffective due to the lack of education and facilitation from the authorities, so that people tend to take the path of litigation (contending) to fight for their rights. This condition reflects the weak legal protection for people affected by national strategic projects. Therefore, it is necessary to strengthen legal education for the community and revise Government Regulation No. 39 of 2023 to include compensation for the remaining land that has lost its use value. This revision is important to ensure substantive justice and prevent the escalation of disputes. This research contributes to the development of a more responsive and equitable land acquisition policy, as well as encourages synergy between regulations, education, and effective dispute resolution mechanisms in the context of national infrastructure development.

Moch Krisna Pambudi Utomo; Masnia Ningsih; Moch Icdah Asyarin Hayau Lailin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The global economic crisis has prompted developing countries, including the BRICS group (Brazil, Russia, India, China, and South Africa), to strengthen cooperation in creating a multipolar economic order as a form of resistance to Western domination. Mass media plays a crucial role in framing this dynamic. This study aims to examine how The Jakarta Post constructs the BRICS narrative through three main dimensions in Vincent Mosco's Political Economy of Communication theory: commodification, spatialization, and structuring. This study uses a descriptive qualitative approach, with data collection techniques in the form of documentation and analysis of news published in The Jakarta Post between June 18, 2024, and January 31, 2025. Data were categorized based on the type of information and main themes, then analyzed using Mosco's theoretical concepts. The results show that the commodification process occurs when geopolitical issues, such as Indonesia's opportunity to join BRICS, are transformed into media commodities appealing to elite readers and strategic economic actors. This practice also involves the contribution of experts, but often without equitable compensation. Spatialization is reflected in the real-time distribution of digital content that transcends geographical and temporal boundaries, strengthening the penetration of BRICS discourse into the international public sphere. Structuralization emerges in the narrative of building a new world order through BRICS agendas such as dedollarization, technological integration, and alternative payment systems, although it remains overshadowed by the dominance of Western financial institutions. Thus, media coverage not only represents geopolitical dynamics but also transforms strategic issues into information products with economic value, while revealing the tension between the aspirations of developing countries and established global hegemony.

Paune Boni Tua Butar-Butar; Siti Aisyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the level of Quality of Work Life (QWL) among operational employees at PT. Perkebunan Nusantara IV Regional III, Kebun Sei Garo. The research sample consists of 90 operational employees from PT. Perkebunan Nusantara IV Regional III, Kebun Sei Giro, using a total sampling technique. The data collection method employed is a descriptive quantitative approach utilizing a QWL scale based on a four-point Likert scale. The research instrument comprises 84 items. The findings show that the average QWL score is 268.95 with a standard deviation of 41.85, and the data are normally distributed (Kolmogorov-Smirnov sig = 0.090). Generally, Afdeling II and IV exhibit the highest levels of QWL, particularly in aspects of compensation, working conditions, and job opportunities. In contrast, Afdeling III demonstrates a lower level of QWL, especially concerning social relevance and job opportunities. In conclusion, the QWL of operational employees at PT. Perkebunan Nusantara IV Regional III, Kebun Sei Garo is at a high level; however, special attention and targeted interventions are needed for Afdeling III to enhance work quality and employee motivation.

Joni Harianto; Zeis Zultaqwa; Mohamad Donie Aulia

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Industrial Design Rights of the Koper Generator have been revoked based on the Decision of the Central Jakarta Commercial Court No. 78/Pdt.Sus-HKI/Desain Industri/2023/PN.Niaga,Jkt.Pst. However, even though the registration of the Koper Generator Industrial Design has been revoked, the rights holder continues to exercise his economic rights, thereby causing real losses to the Plaintiff. Therefore, the Plaintiff filed a lawsuit for infringement of industrial design rights and a claim for compensation. The decision on the lawsuit basically rejected the Plaintiff's lawsuit, on the grounds that the Plaintiff did not have legal standing to file a lawsuit for infringement of industrial design rights and a claim for compensation.Based on the results of the study, it was found that legal protection for related parties or parties interested in industrial design rights is only related to filing a lawsuit for cancellation of industrial design rights, but cannot reach legal protection to file a lawsuit for infringement of industrial design rights and a claim for compensation; Legal considerations of the Panel of Judges of the Commercial Court in case No. 76/Pdt.Sus-Hki/Desain Industri/2023/PN.Niaga.Jkt.Pst, is not appropriate, because it does not consider the fact of bad faith from the Defendants who continue to exercise their industrial design rights, even though their industrial design rights (Genset Koper) have been revoked by a court decision. The fact of direct losses suffered by the Plaintiff is not taken into consideration. This can make the judge's decision based on formalistic or procedural justice.

Azka Dwi Putra; Hauralya Salsabilla; I Putu Nayaka Reswara; Sulthon Razak; Dian Fitriani Afifah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The transformation of Ponggok Village from an underdeveloped village to an independent village with a PADes (Village Revenue Fund) of Rp16 billion demonstrates the successful synergy between the Village Government and the Village-Owned Enterprise (BUMDes) in managing local tourism potential, particularly umbul tourism. This study aims to analyze the form of synergy between the Village Government and BUMDes Tirta Mandiri in managing water tourism in Ponggok Village based on Mark Latash's synergy theory, which includes three pillars: sharing, error compensation, and task-dependence. This study employs a descriptive-qualitative method with a case study approach through field observations and in-depth interviews. The results indicate that the success of tourism management does not solely depend on the institutional capacity of each party but also on their ability to adapt and coordinate across sectors. The collaboration formed has resulted in sustainable tourism management, contributing to increased village economy, community empowerment, and environmental conservation.

Nayla Putri Abdullah; Natasya Yadila; Happy Sturaya Quratuainniza; Muh Rozi Asri; Dwi Desi Yayi Tarina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Default refers to a situation where one party to an agreement fails to fulfill or negligently performs its obligations as stipulated in the contract between the creditor and debtor. This study examines a case of default in an employment contract, as seen in the South Jakarta District Court Decision No. 276/Pdt.G/2012/PN.Jkt.Sel, where an employee unilaterally resigned before the contract’s expiration without fulfilling the agreed-upon obligations. The research aims to analyze the legal resolution of default and the judge’s considerations in ruling on the case. Using a normative juridical method with a case study approach, the study concludes that the court ruled the defendant in default and ordered compensation as specified in the employment agreement. The judge’s decision was based on the principles of freedom of contract, pacta sunt servanda, and good faith.

Maria Ivone Angelica Mukin; Darius Mauritsius; Helsina Fransiska Pello

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the Responsibility of Livestock Owners for Damage to Agricultural Land Owned by Residents in Nobo Village, Ile Boleng District, East Flores Regency. This study aims to determine the mechanism for resolving the problem of agricultural land damage caused by livestock in Nobo Village, Ile Boleng District, East Flores Regency and the form of accountability of livestock owners for damage to agricultural land caused by livestock. This study uses a qualitative research approach with an empirical research type. The techniques used in collecting data for this study are Observation, Interviews, Literature Studies, and Documentation. The results of this study indicate that the mechanism for resolving the problem of agricultural land damage caused by livestock in Nobo Village, Ile Boleng District, East Flores Regency through the stages of Reporting, Examination, and Trial. The law that regulates this, Article 1368 of the Civil Code, clearly regulates the responsibilities of livestock owners, and the Prohibition on releasing animals is also regulated in the Regional Regulation of East Flores Regency Number 25 of 1988 concerning Livestock Maintenance, but the sense of awareness of the community's obligations alone does not seem to be running. Claims that can be handed over to the pet owner who caused the loss can be in the form of compensation in the form of money and compensation in the form of returning it to its original condition (natural compensation).

Stevania Caroline Prata; Darius Mauritsius; Helsina F. Pello

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.  

Alesandro Umbu Rangga Pahada; Karolus Kopong Medan; Bhisa Vhitus Wilhelmus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The resolution of cases solved by maramba against the people or faced with various legal, social, cultural, and economic obstacles. Limited access to law enforcement and low legal knowledge make victims reluctant to seek justice. The research used is empirical legal research or empirical juridical research. Data collection for this research is interviews, observations and document studies. The data to be collected is then processed using the observation method. The results of the study show that the choice of customary resolution that prioritizes reconciliation also makes cases rarely processed through formal law. Economic dependence on maramba further weakens the position of ata. Violations committed by maramba (king) against the ata (lower) people in Rindi District, East Sumba, can be resolved through two channels: criminal law and customary law. Criminally, tournaments are regulated in Article 351 of the Criminal Code and can be reported to the authorities. However, people more often choose customary resolution through mediation by traditional elders (rato) who emphasize compensation or peace rituals. Social inequality, maramba dominance, economic dependence, and cultural pressure make it difficult for the ata people to fight back. They are reluctant to report because they are afraid, do not understand the law, and believe more in customary resolutions which are considered to maintain social harmony.

Grahadi Purna Putra; Bambang Daud

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This research analyzes the authority of local governments in ensuring aviation safety and security through the regulation of the Airport Operation Safety Zone (Kawasan Keselamatan Operasi Penerbangan/KKOP) and spatial control around airports in Indonesia. The study employs a normative juridical method by examining statutory regulations, international standards from the International Civil Aviation Organization (ICAO), as well as relevant cases in Ahmad Yani Airport Semarang, Mutiara Sis Al Jufri Airport Palu, and Supadio Airport Pontianak. The results show that the authority of local governments is strategic but not absolute; it must be harmonized with national policies and international standards. In practice, the implementation is hampered by normative and practical challenges. Normative barriers include fragmented regulations, weak regional legal instruments, and the lack of incorporation of ICAO standards into local regulations. Implementation barriers involve limited technical capacity, insufficient resources, weak supervision, and socio-economic resistance related to land use around airports. These conditions result in ineffective spatial control, which directly affects aviation safety and airport development. The study suggests strengthening local regulations through specific bylaws on KKOP that align with national and international standards, improving the technical capacity of local apparatus, integrating obstacle registry systems, and establishing compensation or relocation mechanisms for affected communities. Cross-sectoral coordination between central government, local government, airport authorities, and stakeholders is also essential to ensure consistent policy implementation. This research contributes to the development of aviation law, regional autonomy, and the improvement of public safety in Indonesia.

Kurnia Tanu Putra; Devina Chandra; Lioni Anggraini; Muhamad Bintang Guntoro; Fernando Lim +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study compares the recovery systems for victims of psychosocial violence and traffic accidents from the perspective of Unlawful Acts (PMH) in Indonesia and Malaysia. Using library research, this study analyzes the legal framework, institutions, and social and psychological approaches used by both countries to support the victim recovery process. In Indonesia, the victim recovery system is still oriented towards material compensation and administrative settlements, with limited recognition of immaterial losses such as trauma and psychological disorders. In contrast, Malaysia has developed a victim-centered justice approach that positions victims as the subject of recovery, through regulations such as the Domestic Violence Act 1994 (Amendment 2017), the Road Transport Act 1987, and compensation mechanisms through the Motor Insurers’ Bureau of Malaysia (MIB) and the Victim Compensation Fund. This approach comprehensively integrates legal, social, and psychological recovery, including free counseling services through the One Stop Crisis Center (OSCC) and Talian Kasih 15999. The study's findings indicate that Malaysia has moved toward a holistic human recovery paradigm, while Indonesia still needs to strengthen its victim recovery system by addressing the psychological and social dimensions to align with the principles of restorative justice.