Publication Search

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.

The purpose of this study is to examine the implementation of employment agreements as one of the means of providing legal protection for workers’ rights. The research method employed in this study is normative juridical, utilizing primary and secondary legal materials obtained through the analysis of statutory regulations, legal scholars’ opinions, as well as books and journals relevant to the subject under study. The results of the study indicate that employment agreements, as a form of preventive legal protection for workers’ rights, are a consequence of the application of the welfare state concept, thereby requiring the state to intervene in employment relationships arising from such agreements. This form of intervention can be observed in Law Number 13 of 2003 concerning Manpower. The provisions contained in this law, particularly Article 54 paragraph (1) of Law Number 13 of 2003 concerning Manpower, constitute a form of preventive legal protection, especially in points (e) and (f), as they regulate economic rights as well as the rights and obligations of workers. These provisions provide protection and serve as a form of legal certainty that safeguards workers from the beginning of their employment. The obstacles encountered in the implementation of employment agreements as a preventive means of protecting workers’ rights are divided into three factors: regulatory factors, legal culture factors, and legal structure factors.

This research examines the urgency of implementing the principle of joint liability in outsourcing labor relations in Indonesia following the enactment of Law Number 6 of 2023 concerning Job Creation. The primary issue addressed is the imbalance in the protection of workers' normative rights when service providers default, while user companies tend to distance themselves from legal responsibility due to the absence of a direct contractual employment relationship. The research methodology employed is juridical normative, utilizing a statutory approach and a conceptual approach. The results indicate that the flexibility of the outsourcing system in recent regulations often overlooks aspects of job security and worker welfare. The application of the joint liability principle is viewed as a fair legal solution to ensure that fundamental worker rights, such as minimum wages, social security, and compensation, remain fulfilled despite financial constraints on the service provider's side. The integration of responsibility between provider and user companies not only provides a guarantee for the workforce but also encourages the creation of a more ethical and responsible business climate. The research conclusion emphasizes that to achieve a balance between business efficiency and labor protection, national regulations need to clarify the position of collective responsibility in outsourcing practices in 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.

An employment relationship is a relationship between a worker and an employer or entrepreneur involving work, wages, and orders. One outcome of this employment relationship is termination of employment. To create a just and prosperous society based on Pancasila and the 1945 Constitution, the government has enacted laws concerning termination of employment, such as Law No. 13 of 2003 concerning Manpower, Law No. 11 of 2020 concerning Job Creation, and Government Regulation No. 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working and Rest Hours, and Termination of Employment. This research uses a normative legal method, namely examining the law as it exists or should exist, or the law in books. The research was conducted by analyzing applicable laws and regulations, using library materials or secondary data covering primary, secondary, and tertiary law. Termination of employment is the right of both parties, namely workers and employers. Both parties can terminate the employment relationship according to their respective situations or conditions. This issue often generates debate because each party has different perspectives and arguments regarding termination of employment. As a result, the amount of compensation workers receive in practice also varies. Comparing Law No. 13 of 2003, Law No. 11 of 2020, and Government Regulation No. 35 of 2021 concerning termination of employment, it is clear that the Employee Rights Act No. 13 of 2003 provides more compensation than the Job Creation Law. Therefore, in practice, many companies, including PT Kuoni Indonesia, seek ways to reduce their compensation obligations under the pretext of negotiating with employees.

This study examines the transformation of Fixed-Term Employment Agreements (PKWT) in East Java within the context of Indonesia's flexible economy era, particularly following the enactment of the Job Creation Law (UU Cipta Kerja No. 6/2023). The research analyzes the legal protection challenges faced by contract and outsourcing workers in East Java Province from 2020–2025. Using a normative juridical approach combined with empirical data from the Central Statistics Agency (BPS) and the Ministry of Manpower, this study reveals that despite regulatory improvements, significant gaps remain in the implementation of labor protection. Key findings indicate that contract workers in East Java, estimated at 59.17% of the informal workforce in 2024, face uncertainties regarding contract duration, compensation rights, and social security. The study recommends strengthening supervision mechanisms, clarifying regulations on gig economy workers, and enhancing bipartite negotiation processes to ensure balanced protection between business flexibility and workers' fundamental rights, while also promoting legal certainty and sustainable employment relations in the regional labor market.

The phenomenon of sudden resignations, which is common among Generation Z, has become a concern in the modern world of employment. Changes in mindset, expectations of work, and demands for work-life balance are the main factors driving these decisions. However, sudden resignations also raise legal issues related to breaches of employment agreements and the moral responsibilities of employees. This article discusses this phenomenon from the perspective of Indonesian labor law, outlining the contributing factors, the impact on employment relationships, and the legal provisions that govern it. This study uses a normative-descriptive approach based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of the Job Creation Law into Law. This phenomenon shows a gap between normative labor regulations and the reality of a younger generation that is more dynamic and flexible in their work. Therefore, companies and policymakers need to be more adaptive in order to adjust labor regulations to the changing characteristics of today's workforce. In addition, this study also highlights the importance of effective communication between workers and employers to prevent sudden resignations. The results of this study are expected to contribute to the development of labor policies that are more responsive to the needs of Generation Z. Thus, a balance between legal certainty and flexibility in employment relationships can be achieved harmoniously.

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.

In an employment relationship, there are rights and obligations attached to each party that must be fulfilled. However, in practice, employers often neglect to fulfill the rights of workers during their employment and after termination of employment, even though these obligations are regulated in the Collective Labor Agreement and Joint Agreement. Based on these issues, this study aims to examine and describe the legal protection for former employees who have been terminated with outstanding benefits in accordance with Indonesian labor laws, as well as to obtain an overview of the company's responsibility to fulfill the rights of former employees due to termination of employment in accordance with the agreements in the Collective Labor Agreement and Joint Agreement. This study uses a normative juridical approach based on the provisions of labor laws and regulations. Data was collected through a literature study by examining primary, secondary, and tertiary legal materials relevant to the research issue. All data were then analyzed qualitatively to formulate comprehensive and implementable conclusions and recommendations for the benefit of former employees. The findings show that legal protection for former employees who experience termination of employment with outstanding benefits can be demanded based on labor law regulations in Indonesia. The company has the responsibility and obligation to fulfill the rights of former employees due to termination of employment in accordance with the agreement in the Collective Labor Agreement and Joint Agreement, whereby the payment of these rights must be aligned with and subject to the provisions of applicable laws and regulations.

The practice of withholding a diploma as a condition of employment is still widespread in employment relationships in Indonesia. Generally, employers argue that withholding a diploma is intended to guarantee that workers complete the agreed-upon work contract period. However, this practice raises legal issues because it has the potential to violate the principle of freedom of contract, especially when viewed in light of the provisions of Article 1320 of the Civil Code (KUH Perdata), which regulates the conditions for a valid agreement. A diploma withholding clause can affect the fulfillment of the element of free agreement, because such clauses are often agreed to under duress or without fair alternatives for workers. This study aims to examine the validity of diploma withholding clauses in employment agreements and assess the legal consequences if such clauses are declared invalid. The research method used is a normative juridical approach by analyzing relevant laws and regulations, legal doctrine, and court decisions. The results of the analysis show that diploma withholding clauses often conflict with the conditions for a valid agreement, especially the element of lawful cause, because they conflict with the principles of protecting workers' rights and the principle of justice in freedom of contract. Furthermore, this practice can lead to human rights violations, considering that diplomas are important personal documents and cannot be confiscated without a clear legal basis. If the diploma retention clause is declared invalid, the clause is null and void and does not bind the parties. Consequently, the employer is obliged to return the diploma to the employee unconditionally, and the employee has the right to claim compensation if they suffer losses due to the retention. This study recommends the need for stricter regulations in employment regulations to prohibit the practice of diploma retention, in order to ensure the creation of fair and equal employment relationships in accordance with the principles of contract law.

This study uses a qualitative method to examine legal protection for female workers who experience discrimination in employment relationships. Discrimination against women in the workplace remains prevalent, taking forms such as unequal pay, limited opportunities for promotion, and sexual harassment, all of which affect their safety and comfort at work. Legal protection for female workers is regulated by various laws, including the Manpower Act, the Human Rights Act, and ILO conventions ratified by Indonesia. However, the implementation of these protections is often ineffective due to weak law enforcement, limited awareness among female workers regarding their rights, and the persistence of patriarchal culture. This study aims to analyze the extent to which legal regulations and their implementation function effectively, as well as the obstacles female workers face in claiming their rights. Data were collected through in-depth interviews, literature review, and document analysis. The findings indicate the need to strengthen labor inspection institutions and provide legal education for female workers to achieve justice in employment relationships.  

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.

This study examines justice in employment law from the perspective of legal philosophy, focusing on the relationship between employers and workers in Indonesia. Based on Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, justice in employment relations is considered as one of the manifestations of human rights that must be guaranteed by the state. However, in practice, the imbalance in the bargaining position between employers and workers often creates injustice, especially in wages, job protection, and the fulfillment of basic workers' rights. Through a legal philosophy approach, this study analyzes the application of the concepts of distributive, commutative, and retributive justice in employment relations. The results of the study show that although employment regulations, such as Law Number 13 of 2003 concerning Employment, have attempted to create justice, their implementation still faces various obstacles, including weak supervision and bias towards economic interests. This study has theoretical benefits in deepening the study of legal philosophy related to justice in industrial relations, as well as practical benefits in providing recommendations for policy makers to improve employment regulations. Thus, this research is expected to be a foundation for creating fairer and more balanced working relationships in 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.

Termination of Employment (TOE) is the termination of an employment relationship due to a matter that results in the expiration of rights and obligations between workers/laborers and employers regulated in Law No. 13 of 2003 concerning employment and secondary legal materials obtained from employment, internet papers and others. The implementation of termination of employment must be in accordance with Law No. 13 of 2003 concerning employment that termination of employment is carried out in several processes, namely deliberation between employees and the Company, if there is an impasse, the last resort is carried out through the court to decide the case. Therefore, the strength of the implementation of labor law is needed through increased supervision, education for the parties, and optimization of the role of labor dispute resolution institutions.

This research examines legal protection of workers' rights in Indonesia. This study uses a qualitative and normative approach, analyzing applicable labor law. Even though Indonesia has a comprehensive legal framework, there is still a gap between regulation and implementation. This research identifies three main aspects of legal protection: economic, social, and technical. This study also found barriers to implementation, including regulatory factors, culture and company capabilities. This research recommends the government's active role in improving regulations, supervision and law enforcement, as well as building awareness of all parties regarding the responsibilities and roles of individuals in building harmonious and just industrial relations

The Merit System is an approach that emphasizes employee assessment based on abilities, achievements, qualifications and work results carried out fairly. Work relationships include interactions between employees with both colleagues and superiors. The Merit System will run well followed by a person's work relationship running harmoniously so that a person will have a commitment to work well. A person's performance is categorized as performing well in accordance with the targets/standards set by the company. This research aims to analyze the effect of implementing the merit system and employment relations on employee performance at Bandung Adventist Hospital. The research method used was quantitative research with descriptive analysis with 89 employee respondents. The results of this research show that the implementation of the merit system does not have a significant effect on employee performance, while work relationships have a significant effect on employee performance. The combined effect of the implementation of the merit system and work relations on employee performance has a significant effect of 18.2%. From this data it can be concluded that implementing a merit system in accordance with Law No. 5 of 2014 and working relationships that have good communication can improve employee performance.

Honorary staff are people appointed by civil service officials within local government agencies to assist with the duties of the State Civil Apparatus so that their obligations are the same and their income comes from the APBD. Honorary staff are employees who work in government agencies but are not included in the State Civil Service. Honorary workers have not been appointed as permanent employees and still receive payment for their services in the form of an honorarium, not a salary. Regional heads include the Governor, Mayor and Regent as well as the DPRD as regional head partners. This research was conducted using normative juridical research methods. The data collection methods used by the author are interviews and literature study. Interviews are data collection techniques carried out face to face and direct question and answer between researchers and sources, while literature studies are data processing carried out by systematizing written legal materials using a regulatory and case approach. The results of this research show that honorary staff often experience injustice at work. This is indicated by the termination of employment relations by regional heads as happened at the Serdang Bedagai Regency DPRD Secretariat agency. Honorary workers have legal status and protection as regulated in Law Number 20 of 2023. The implementation of this research is that the Government needs to create and implement clear regulations to protect the rights of honorary workers.

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

One of the most difficult issues for a country to avoid is reducing the unemployment rate, and this problem is often referred to as a multidimensional issue. Unemployment serves as a starting point for other social problems, such as criminal activity and other economic issues. A low unemployment rate reflects an improving standard of living for the population. Therefore, government policies are needed not only from a micro perspective but also from a macro perspective, considering the dynamic inflation rate. This report is used to analyze the dynamic relationship between inflation and the unemployment rate in Indonesia during the period 2019 - 2023. This period has caused a rather complex economic disruption, so the inflation-unemployment relationship may differ from classical economic theory. This study also compares the effectiveness of the Phillips curve on government policy. The data used are secondary data from the Central Statistics Agency (BPS), including the inflation rate and the open unemployment rate. The method of analysis used is descriptive quantitative. The research results show that there is a negative relationship between inflation and the unemployment rate in Indonesia during the period 2019 - 2023. This means that when inflation increases, the unemployment rate decreases, and vice versa. However, based on current real conditions, they are now aligned. Government policies aimed at controlling inflation need to consider their impact on the unemployment rate.