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Komang Trisna Handayani

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Tourism in Bali, as the backbone of the regional economy, absorbs more than 50% of the workforce and gives rise to complex labor dynamics. Although Law No. 13 of 2003 on Manpower and Law No. 21 of 2000 on Trade Unions guarantee worker protection and freedom of association, the reality on the ground is still marked by the misuse of fixed-term employment contracts (PKWT), violations of outsourcing regulations, and both structural and cultural barriers to union formation. This article employs a normative juridical approach, using statute, conceptual, and case-based methods to analyze the regulatory framework and the responses of workers, employers, and government actors in addressing industrial relations disputes within Bali’s tourism sector. The findings reveal a significant gap between written legal norms and actual practice: repeated extensions of PKWT, outsourcing of core tasks such animal caretaking, union-busting through dismissal of union members, and weak law enforcement at regional level. Trade unions play a role in mediation and advocacy, but their performance is hindered by employer intimidation, low legal literacy among workers, and limited institutional support. Bridging this gap requires strict oversight, legal education for workers, as well as the strengthening of union capacity and the authority of local governments.

Kearen Elvira Naftali; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This practice is essentially based on clauses in employment contracts intended to prevent employees from resigning before the contract term expires. However, from a legal perspective, this practice raises challenges regarding the validity of employment contracts and the legal protections afforded to employees. The objective of this study is to evaluate the validity of the diploma retention practice through the lens of labor law and civil law, as well as to explore the types of legal protections that may be available to employees. The research methodology employed is a normative legal approach, utilizing a legal and conceptual framework, and supported by a literature review of primary and secondary legal sources. This analysis emphasizes the principles of contract law, labor protection principles, and relevant human rights standards. The research findings indicate that the practice of withholding diplomas lacks a clear legal basis under Indonesian law and potentially violates the criteria for the validity of contracts, particularly regarding the abuse of circumstances (misbruik van omstandigheden). Furthermore, this practice can be categorized as an illegal act because it infringes upon workers’ property rights and their freedom to seek employment. Legal protection for workers can be facilitated through preventive strategies, such as strengthening labor regulations and oversight, as well as through enforcement actions, including civil litigation and the resolution of industrial disputes.

Hidayat, Agi Attaubah; Anwar, Amalia Nur; Astarudin, Tatang; Sumiati, Sumiati

DINAMIKA HUKUM 2026 Universitas Stikubank

This study critically examines the transformation of the regulatory framework governing Fixed-Term Employment Agreements (Perjanjian Kerja Waktu Tertentu/PKWT) following the enactment of Indonesia’s Job Creation Law and its implications for workers’ legal protection. The research focuses on the paradigm shift from a worker-protection-oriented model toward labor market flexibility and its impact on employment security. Using a normative juridical approach, this study employs comparative legal analysis between the Manpower Act No. 13 of 2003 and the Job Creation Law No. 6 of 2023, along with its implementing regulation, Government Regulation No. 35 of 2021. The analysis is supported by systematic statutory interpretation, labor law doctrine, and Constitutional Court Decision No. 168/PUU-XXI/2023. The findings reveal a significant regulatory shift characterized by the extension of the maximum duration of fixed-term contracts, the removal of mandatory grace periods for contract renewal, and the substantial narrowing of grounds for automatic conversion of PKWT into permanent employment agreements (PKWTT). Although the Job Creation Law introduces new protective instruments, including end-of-contract compensation and expanded social security coverage, these measures are insufficient to offset the decline in job security and legal certainty for workers. Consequently, workers face an increased risk of prolonged employment precarity. This study underscores the urgency of rebalancing labor market flexibility with the constitutional rights of workers in Indonesia’s future labor law reform. Keywords: Job Creation Law; Fixed-Term Employment Agreement (PKWT); Legal Protection; Labor Market Flexibility; Precarious Work; Constitutional Court Decision.

Mulyanto Mulyanto; Miftahul Huda

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

Indonesian Migrant Workers (PMI) play a crucial role in the nation's economy, as shown by their participation in overseas employment and the remittances they send back. Nevertheless, PMI frequently encounter challenges such as abuse, exploitation, breaches of contracts, and limited access to legal protections. The comprehensive legal structure designed to ensure their inclusive safety before, during, and after their employment is laid out in Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. This research aims to analyze the actual practice of legal protections available to PMI, in light of statutory requirements, and to highlight any obstacles encountered in its application. A normative legal research method is used in this study, employing both legislative and theoretical frameworks, and it is informed by relevant academic literature, laws, and judicial rulings. The findings reveal that while Law No. 18 of 2017 outlines thorough protection protocols, its real-world execution faces hurdles such as insufficient oversight, poor cooperation among agencies, and a general lack of legal knowledge among PMI. Consequently, it is essential to enhance institutions, elevate the quality of protective services, and maximize the effectiveness of Indonesian representatives abroad. This study aims to contribute to the development of more equitable and efficient regulations for the safeguarding of migrant workers.

Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the legal framework governing digital employment contracts on gig economy platforms, with particular focus on the tension between operational flexibility and worker protection within the Indonesian legal context. The study employs comparative legal analysis methodology, exam-ining Indonesia's regulatory approach against international frameworks including the European Union's Platform Work Directive (2024), California's AB5 legislation, France's flexicurity model, and Spain's Rider Law. The research analyzes the employment status classification challenges faced by approximately 2.5 million Indonesian gig workers who operate within a legal gray area between traditional employment and genuine self-employment. The investigation reveals that Indonesia's current regulatory framework lacks comprehensive provisions addressing platform-mediated work relationships, creating significant legal ambiguity regarding worker rights and protections. Through comparative analysis, the study demonstrates that jurisdictions implementing presumption-based employment tests, such as California's ABC test, have successfully reduced misclassification by reversing the burden of proof onto hiring entities. The research identifies that the absence of clear classification criteria in Indonesian law undermines constitutional principles of social justice and equal protection as enshrined in Articles 27(2) and 28D(2) of the 1945 Constitution.The study concludes that Indonesia requires adaptive legislation that establishes rebuttable presumptions of employment for platform workers while maintaining appropriate flexibility for genuine entrepreneurial activities. The primary legal insight reveals that effective regulatory frameworks must in-corporate algorithmic transparency requirements, collective bargaining mechanisms, and social security provisions. The research recommends implementing a presumption-based classification system similar to the ABC test, coupled with mandatory platform engagement with elected worker representatives on tariffs and working conditions, thereby ensuring fundamental labor protections without stifling technological innovation.

Nikmah Dalimunthe; Rahmah Aliyah

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

This research aims to examine the gap in legal protection for domestic workers in Indonesia through an analysis of Law No. 13 of 2003 on Manpower and ILO Convention No. 189 on Decent Work for Domestic Workers. Until now, domestic workers have not been explicitly recognized in national regulations, so their basic rights such as living wages, social security, and humane working hours are often neglected. This condition is exacerbated by the absence of written work contracts, the dominance of informal recruitment, and the view of the community that does not consider domestic workers as formal workers. This article concludes that the ratification of ILO Convention 189 and the passing of the Domestic Workers Protection Bill are strategic steps to strengthen legal protection for domestic workers in Indonesia, which also needs to be supported by labor inspection and comprehensive legal education.

Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of digitalization has brought significant changes in various aspects of life, including employment relations. One of the innovations that has emerged is the use of digital employment contracts as a replacement for paper-based contracts. Digital employment contracts offer flexibility and efficiency in modern employment relations. However, in Indonesia, legal regulations related to digital employment contracts still face major challenges, considering the absence of regulations that specifically accommodate this mechanism. Article 52 of Law No. 13 of 2003 concerning Manpower only regulates the requirements for the validity of an employment contract without mentioning the use of electronic documents, while Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE) has recognized the validity of electronic documents. This study aims to analyze the regulation of digital employment contracts in Indonesia, compare them with regulations in other countries, and provide policy recommendations to ensure legal protection for workers in the digitalization era. The method used is a normative legal approach with comparative legal analysis of countries such as the European Union and the United States. The results of the study show that although digital employment contracts are legally valid in Indonesia, there are still legal gaps related to the protection of workers' rights, supervision of implementation, and protection of personal data. Therefore, it is necessary to update regulations that are adaptive to technological developments, including the integration of the principles of justice, legal certainty, and protection of workers' rights in digital employment contracts.

Berliana Purwono Putri; Heru Sugiyono; Muthia Sakti

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the mitigation of the risk of exploitation and violence against women Indonesian migrant workers in the informal sector as well as the responsibilities of the government and migrant employment agencies. Using the normative juridical method, this research examines relevant legal norms, such as the Indonesian Migrant Workers Protection Act, to evaluate the protection of women migrant workers' rights. Data is obtained from documentation of primary and secondary legal sources, analyzed using a feminist perspective to understand vulnerability factors and challenges in the feminization of migration. The results show that mitigating the risk of exploitation and violence against women Indonesian migrant workers in the informal sector includes preventive measures, such as pre-departure education, skills training, recruitment agency supervision, and legal empowerment. During the working period, protection is carried out through standardized work contracts, access to social protection, and bilateral cooperation, while post-work, economic and social reintegration is carried out through mentoring and entrepreneurship training. However, weak implementation of regulations, lack of oversight, and sectoral silos exacerbate the vulnerability of women Indonesian migrant workers in the informal sector to exploitation, discrimination, and rights violations. The responsibilities of the government and migrant employment agencies include legal protection at all stages of migration, from pre-departure recruitment, monitoring of working conditions, and post-employment reintegration programs to ensure that women migrant workers receive comprehensive protection through effective enforcement of employment contracts, legal aid, monitoring, and social reintegration. This research recommends improved regulation, pre-departure education, recruitment agency supervision, legal empowerment, and post-worker reintegration to reduce the risk of exploitation and violence against women migrant workers.