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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.

Nur Hayati; Hilyatun Nisak; Siti nur Azizah; M.Misbahussuduri; Firza Agung Prakoso

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Employment agreements are essential legal instruments that regulate the rights and obligations of workers and employers in industrial relations, aiming to ensure legal certainty and balance. In practice, however, the implementation of employment contracts often faces challenges such as differing interpretations, unequal bargaining positions, and inconsistent application of labor regulations. These issues require an effective and constructive dispute resolution mechanism that can address contractual problems while preserving employment relationships. In the Indonesian labor law system, mediation is recognized as a key non-litigation mechanism facilitated by government-appointed mediators to help parties reach mutually acceptable solutions. This study examines the mediation mechanism for resolving employment agreement disputes in Indonesia and analyzes its role as an alternative to court proceedings that emphasizes deliberation, efficiency, and cooperation. Using a normative legal research method with statutory and conceptual approaches, the study analyzes relevant labor laws, mediation regulations, and legal doctrines through a comprehensive literature review. The findings show that mediation is conducted through structured stages, including dispute registration with labor authorities, mediator appointment, facilitated negotiations, and the formulation of agreements or written recommendations. Mediation effectively promotes consensual solutions, reduces procedural complexity, and encourages cooperative communication. It also supports the preservation of harmonious and sustainable employment relationships by prioritizing consensus over adversarial processes. Strengthening mediator competence and improving legal awareness among workers and employers are therefore crucial to optimizing the effectiveness of mediation in resolving employment agreement disputes in Indonesia.

Sabardin, Sabardin; Rahman, Muhammad Sabir; Syahril, Muh. Akbar Fhad; Wiwin, Wiwin; Tijjang, Bakhtiar

DINAMIKA HUKUM 2025 Universitas Stikubank

This study analyzes the legal position of the captain in the structure of maritime employment relations with a case study at PT. Kembang Mekar Indah, which highlights the gap between the normative provisions in the Commercial Code (KUHD), Law Number 17 of 2008 concerning Shipping, and the Maritime Labor Convention (MLC) 2006 with the implementation practices in the field. This study uses a normative-empirical legal method through literature studies and interviews with captains and company representatives, analyzed qualitatively-descriptively to compare legal norms and empirical reality. The results of the study indicate that maritime employment agreements still place captains on an equal footing with ordinary workers even though the legislation confirms their position as the highest leader on board and the legal representative of the ship owner. Empirical findings show that the fulfillment of the captain's rights to salary is 80%, work facilities 60%, legal protection 40%, and regulatory socialization only 20%, indicating an imbalance in legal protection and weaknesses in the substance of the employment contract. Therefore, it is necessary to reformulate the shipping legal system by improving maritime work agreements, strengthening the role of harbormasters, and harmonizing national regulations with the 2006 MLC standards in order to create maritime work relations that are professional, fair, and adaptive to international maritime law.

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.

Muhammad Iqbal Rifai; Yopa Emalia Fajarini; Reinhard Silaen; Bambang Fitrianto

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

This study examines the legal aspects and implementation of employment contracts in Indonesia in the context of changes in labor regulations. The study analyzes the legal framework underlying employment contracts, worker rights protection, employer obligations, and implementation challenges in the field. Using a qualitative approach and legal document analysis, this study identifies several key issues related to employment contracts, including imbalance in bargaining power, unclear clauses, and compliance with the latest regulations. The results of the study show that although there has been progress in legal protection through labor laws, implementation in the field still faces various challenges. This study provides recommendations for improving policies and practices related to employment contracts that are more balanced, transparent, and in line with the principle of fairness for all parties.

Adri Sadewa Sirait; Berkat Perjuangan Ndruru; Roy Nanda Kesuma; Bambang Fitrianto

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

Trade secrets are an important part of Intellectual Property Rights (IPR) that play a strategic role in maintaining a company's competitive advantage. Protecting information that is not generally known, has economic value, and is kept confidential is very important, especially in the midst of globalization and technological advances that increase the risk of information leakage. Law No. 30 of 2000 concerning Trade Secrets is the main legal basis in Indonesia, in line with international agreements such as WTO/TRIPS. This research uses normative juridical methods to analyze trade secret legal protection, including based on property rights theory, contract theory, and tort theory. In addition, the role of employment contract clauses that regulate obligations to maintain confidentiality and prohibitions on working for competing companies after termination are discussed as preventive strategies. This research confirms the importance of awareness and concrete legal steps from business owners to protect their trade secrets effectively.

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.

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

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the implications of automation and artificial intelligence (AI) on employment law politics in Indonesia, as well as their impact on employment structures and relationships. Along with rapid technological advances, especially in the fields of automation and AI, the world of employment is undergoing significant transformations that affect work models, employment contract arrangements, and worker protection. This study will identify how these technologies affect employment relationships, creating new opportunities, but also threatening the sustainability of jobs in certain sectors. This study uses a qualitative approach with descriptive analysis to understand the dynamics of change resulting from automation and AI, and their legal implications for workers and companies. The main focus of this study is to assess the extent to which employment policies in Indonesia can accommodate the new challenges arising from this technological shift, and how the existing employment law system needs to adapt to remain relevant and effective. The findings of this study are expected to contribute to policymakers, legal practitioners, and academics, by providing recommendations on how employment policies in Indonesia can be updated to anticipate the negative impacts of technology, protect workers' rights, and create social justice in an increasingly digitalized world of work. This research will also provide an overview of the role of technology in shaping future industrial relations and regulations, and propose a legal framework that is adaptive to the development of automation and artificial intelligence in Indonesia.

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.

Candra Husein Puji Putra; Ivan Widjaja; Abdul Rokhim

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

This research aims to analyze the potential legal conflicts arising from the mismatch between the employment contract of Government Employees with Work Agreements (PPPK) and the applicable regulations related to the appointment of school principals. The method used in this research is normative legal research with a statutory approach to examine related regulations. Data collection consists of primary legal materials from laws, secondary materials from legal journals, and tertiary materials as supporting references. The analysis used a qualitative normative method to interpret the data in a comprehensive legal context. The results show significant legal uncertainty regarding the status and rights of PPPK in strategic positions, especially in the school principal position. The inconsistency of regulations regarding tenure and legal protection for PPPKs creates potential conflicts that can affect their career stability and performance. Recommendations regarding legal harmonization and clearer regulations are proposed to ensure legal certainty and protection for PPPKs in strategic positions.

Amanda Fauziyyah; Pratama Setiaputra Adhidarma; Cantika Khoerunnisa Alrasyid; Dwi Desi Yayi Tarina

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses legal protection for PT Freeport Indonesia employees affected by Termination of Employment (PHK), focusing on government policies and their implementation in. The discussion will begin with the legal basis that protects employee rights, including Law No. 13 of 2003 concerning Manpower and Government Regulation No. 35 of 2021, which regulates employment contracts, outsourcing, working hours, rest, and layoff procedures. This article will discuss employee rights after layoffs, such as compensation, severance pay, and social security. In addition, this article discusses the role of government institutions, such as the Ministry of Manpower, in ensuring that companies carry out layoff procedures in accordance with regulations. In addition, the challenges of law enforcement for employees such as limitations in dispute resolution and lack of access to information are also of concern. This article concludes with suggestions for improving legal protection for employees affected by layoffs.

Nabila Gelasia Herta Ananda; Darwis Anatami; Fadlan Fadlan; Erniyanti Erniyanti; Soerya Respationo

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Through Law Number 11 of 2020 concerning Job Creation and its derivative PP Number 35 Thuan 2021 concerning PKWT, Outsourcing, Working Time and Rest Time and Termination of Employment Relations is the crystallization of various laws regarding Employment. which, philosophically, does not provide guarantees and protection for workers' rights. Methodologically, this research is an empirical juridical research using a combined approach method which is carried out by analyzing the research explanation in an inductive way leading to a deductive method so as to help the author explain the relationship between research variables and research objects. The results of this research found that there are many deficiencies in Law Number 13 of 2003 concerning Employment, such as the absence of legal protection or workers who are in non-standard work relationships, gender discrimination, wages, lack of social security, leave rights and other rights, partial revision What the Job Creation Law does to the Employment Law Number 13 of 2003 actually creates new problems that have a negative impact on worker protection, the rules governing employment now, so that if you look closely at the revised and deleted articles, it appears that The spirit of the law does not at all touch on efforts to increase worker competency, even though in reality, in Pancasila industrial relations, worker protection is a form of government responsibility. So it is hoped that a legal political policy between the DPR and the government will make changes to Article 66 paragraph (2) of Law Number 3 of 2023 concerning the Determination of Perpu Number 2 of 2022 into the Job Creation Law and PP Number 35 of 2021 concerning Specific Time Work Agreements , Outsourcing, Working Time and Rest Time, and Termination of Employment Relations, so that it can be seen more clearly how the protection of workers/laborers, wages, welfare, and protection of the special rights of outsourced workers, especially outsourced workers, must ensure greater legal protection so that the working atmosphere can become better and more conducive and neither party feels disadvantaged