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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.

Muhammad Rafly Passya; Muhammad Irsyad Al-Fahrizi; Gerald Ivanza Iskandar; Rizha Claudilla Putri

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The protection of workers’ rights represents a constitutional mandate within Indonesia’s rule of law framework. Although the national labor law system provides a civil litigation mechanism through the Industrial Relations Court to resolve disputes, violations of workers’ rights still frequently occur in practice. This study aims to analyze, from normative and theoretical perspectives, the protection of workers’ rights through civil lawsuit mechanisms and to evaluate their effectiveness in achieving substantive justice. The research applies a normative juridical method using statutory, conceptual, and case approaches to examine relevant legal provisions and their implementation. The findings reveal that the civil litigation mechanism provides a clear legal basis for workers to pursue claims and defend their rights. However, its effectiveness in practice remains limited due to several challenges, including structural constraints within the legal system, complex procedural requirements, and unequal bargaining power between workers and employers. These conditions often hinder workers from obtaining fair outcomes. Therefore, policy reform, simplification of legal procedures, and stronger access to justice are necessary to ensure more effective and substantive protection of workers’ rights in Indonesia.

Didi Handono Syahputra; Lira Amelia; Nabilah Irwani; Nesya Aulia; Nikmah Dalimunthe +1 more

This study examines the legal dilemmas in Employment Termination (PHK) within the banking sector, arising from the tension between Labor Law and banking regulations. A normative analysis reveals that termination practices are often caught in a conflict between the principle of worker protection and the bank's obligation to comply with prudential principles and maintain its financial health. The most critical points of friction lie in termination due to efficiency measures, serious disciplinary violations, and the clash between banking secrecy and the evidentiary process in the Industrial Relations Court. It is concluded that the lack of harmonization guidelines creates legal uncertainty, necessitating more concrete regulatory synergy between labor authorities and the Financial Services Authority (OJK) to achieve certainty and fairness for all parties involved.

Nashifa Tsarwa; Ahmad Fadhil Ubaidillah; Jeremia Hamonangan Siagian

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The concept of “urgent violation” as regulated in Article 52 paragraph (2) of Government Regulation No. 35 of 2021 introduces a new ground for employment termination (PHK), granting employers the authority to unilaterally terminate workers. However, this provision lacks a clear definition and objective parameters, creating legal uncertainty and potential misuse. This study employs a normative juridical method with a descriptive-analytical approach through literature review of legislation, Constitutional Court decisions, and labor law literature. The findings indicate that the clause on “urgent violation” often emerges from unequal bargaining positions between employers and workers, thereby failing to fully satisfy the principle of consensualism as a requirement for valid agreements. Substantively, this provision resembles the “serious misconduct” norm under Article 158 of the Manpower Law, which was annulled by the Constitutional Court through Decision No. 012/PUU-I/2003 for violating the presumption of innocence and workers’ constitutional rights. Consequently, the regulation on “urgent violation” risks repeating the same legal shortcomings and contradicts the spirit of labor law, which emphasizes that termination of employment must be avoided and only used as a last resort (ultimum remedium), as affirmed in Article 151 of the Manpower Law.

Mirna Syafitri Rahmadani; Sumantri Ritonga; M. Iqbal Parinduri; Herna Adelia BR Simamora

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This study uses a qualitative method to analyze criminal law enforcement against violations of workers’ rights, especially cases of worker neglect based on Law Number 13 of 2003 concerning Manpower. The focus of this study is to examine how the implementation of criminal law is applied in handling cases of worker neglect, as well as the effectiveness of legal protection provided to workers whose rights are violated. Through a descriptive analytical approach, data were collected from various sources, including interviews with related parties and legal document studies, in order to obtain a comprehensive picture of the obstacles and challenges in law enforcement in the field of employment. The results of the study indicate that although Law Number 13 of 2003 has clearly regulated the rights and obligations of workers and employers, there are still obstacles in its implementation, especially in terms of supervision and enforcement of criminal sanctions against violations. This study recommends increasing the role of labor inspectors and optimizing law enforcement mechanisms to ensure effective protection of workers’ rights.

Nikmah Dalimunthe; Tasya Fadilah

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

Domestic helpers (DWs) play a vital role in sustaining household life in urban areas, yet their legal position in the Indonesian labour system remains marginal and vulnerable, without adequate legal protection. This research aims to analyse juridically normatively the legal position of domestic workers within the framework of national labour law and identify regulatory gaps and structural barriers that hinder the protection of their basic rights. Using a literature study method and a normative juridical approach, this research examines legislation, legal doctrine, and recent scientific literature. The analysis shows that Law No. 13 Year 2003 does not recognise domestic workers as formal workers, and Permenaker No. 2 Year 2015 is non-binding, creating a legal vacuum that results in vulnerability to exploitation, discrimination, and human rights violations. The absence of special regulations such as the PPRT Bill and the non-ratification of ILO Convention No. 189 exacerbate structural injustice against domestic workers. This research concludes that the legal protection of domestic workers is very weak normatively and practically, so regulative reform is needed through the enactment of special laws and harmonisation of national laws with international human rights standards in order to create a fair, inclusive and social justice-based employment system.

Rifasya Naura Salsabila

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Athis study explores the optimization of labor inspection to ensure legal protection for the fulfillment of workers’ rights in Indonesia. Despite existing regulations, violations of labor rights frequently occur due to weak enforcement. Using a qualitatibe descriptive method through literature review, this research highlights issues such as the PT GNI case that demonstrate inadequate preventive and enforcement actions by labor inspectors. The study recommends strengthening labor inspection through preventive and repressive measures, the use of technology, community-based monitoring, and the implementation of transparent and accountable oversight principles. These findings aim to provide recommendations for the government to enhance the labor inspection system for better protection and legal enforcement for workers.

Yeni Vitrianingsih

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Every citizen has the right to get a job. Meanwhile, the work that is necessary for people to live a decent life for humanity is a job that pays enough and does not cause accidents or diseases. Law on Health No. 17 of 2023 Law No. 1 of 1970 on Occupational Safety: This law is the legal basis for the implementation of K3LH in Indonesia. Law No. 13 of 2003: Article 88 paragraph (1) of this Law states that every worker has the right to protection for occupational safety and health.  Permenaker No. 5 of 1996: This regulation regulates the K3 Management System. Meanwhile, getting enough wages in jobs in our country is very difficult and the weak protection of workers, especially regarding freelance daily workers, has not received much attention in the government's observation. Legal protection plays a crucial role in ensuring that K3 coaching runs effectively and sustainably. This includes regulations that require K3 training, the appointment of competent K3 officers, and incident reporting. The main challenges include ineffective supervision and low legal awareness. A robust legal framework, including K3 training, certification, and auditing standards, is essential to encourage investment in quality coaching. Strict law enforcement against K3 violations is also vital to minimize accidents and occupational diseases.

Kevin Stevanus Jeremia; Abdul Rahman Maulana Siregar

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses legal certainty for healthcare workers in cases of malpractice resulting from violations of working hours. The primary focus of this study is to identify the legal responsibilities that can be imposed on healthcare workers and the legal protections available to them. Through an analysis of regulations under Law No. 17 of 2023, the article finds that although a clear legal framework exists, challenges remain in its implementation. The study also highlights the importance of transparent and fair resolution procedures to protect the rights of healthcare workers and patients. Therefore, collaborative efforts between the government, professional organizations, and healthcare institutions are needed to create a safe and supportive work environment.

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.

Sri Wulandari; Zabidin Zabidin

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health is a human right and one of the elements of human welfare that must be realized by the state, the 1945 Constitution of the Republic of Indonesia, Article 34 paragraph (3) emphasizes that the state is responsible for providing equitable and affordable health service facilities for the entire community. This study aims to determine and analyze the legal formulation of patient protection in medical practice, using the normative legal research method, namely through literature/legislation searches (statute approach) with types of data sources, secondary data supported by primary data. The descriptive research type is then analyzed and presented qualitatively. The high level of public awareness of the importance of health has made people increasingly aware and understand their rights as patients in order to obtain good health services from health workers and hospitals. The legal relationship between doctors and patients as regulated in Law No. 17 of 2023 concerning Health is a business agreement relationship (inspaning verbentenis), which gives rise to rights and obligations. The community/patients receiving medical practice services have the right to legal protection so that every mistake in carrying out the medical profession is a form of mistake/violation of the law that is worthy of being prosecuted/filed in court as a form of protection for patients, victims of medical malpractice.

Sri Nur Damayana

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Professional ethics is not only a moral guideline for health workers, but is also an integral part of the legal system that regulates the relationship between health workers, patients and society. In a legal context, professional ethics is the foundation that guarantees that every action of health workers is carried out in accordance with professional standards and aims to protect patient rights. The aim of this research is to analyze the obstacles and impact of obstacles faced in law enforcement on violations of professional ethics for health workers in Indonesia. The research method used is normative research, using secondary data. The research results show that obstacles to law enforcement against violations of professional ethics for health workers in Indonesia stem from various factors, such as weak regulations, lack of coordination between institutions, slow and complicated legal processes, and minimal understanding of ethics and law among health workers. Furthermore, there is a significant impact on the protection of patient rights and the professionalism of health workers in Indonesia. On the one hand, patients become vulnerable to violations of their rights, such as the right to safe and quality medical services.

Nanda Reyriski; Nurul Tahlida Lubis; Seftiana Br Sembiring; Rusni Harianti Nainggolan; Riko Raufik Ramadhani Manik +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Contract workers are workers who are contracted within a certain time, it could be two years, three years or more. In general, workers have a work contract with the company where they work, there are many workers in Indonesia who experience violations of legal protection of labor rights and obligations, and what are the rights and obligations of labor which is the basis of this research. The purpose to be achieved in this paper is to find out what are the rights of labor contracts to workers who often have no knowledge of what is about labor contracts. This article discusses the rights of contract workers based on Indonesian labor law regulations. Contract workers, who are employed under a fixed-term employment agreement (PKWT), have rights that are guaranteed by law although they differ from those of permanent workers. Some of these rights include wages, social security, employment protection, and the right to compensation in the event of termination before the contract ends.  

Iyo Iko Rasaki; Yasmirah Mandasari Saragih; Marice Simarmata

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health services aim to maintain and improve the quality of health, as well as prevent and treat diseases in the community.This study aiming to analyze the legal certainty for health workers in health services, using the normative legal method. The data source comes from a literature review. The results of this study indicate that Law Number 17 of 2023 regarding Health brings significant changes to the legal certainty for health workers in Indonesia in terms of health services. Previously, legal certainty for health workers was spread across various separate laws. However, with the enactment of Law Number 17 of 2023, this legal protection has become more integrated and comprehensive. Updates regarding the protection of health workers include increasing the rights of health workers, including affirmation of compliance with professional standards and ethics. There are improvements in rights, salary, performance allowances, health insurance, and opportunities for self development. This protection is strengthened by giving health workers the authority to stop services if there is a violation of ethics. It is necessary to strengthen operational procedures and work standards that can be a reference for health workers in carrying out their duties, thereby reduce the risk of negligence that can result in criminal sanctions and additional regulations are also needed to ensure a fair legal mechanism for health workers in facing accusations of negligence, by considering ethics and professional aspects in their work.

Muhammad Muzakky Zain Ali; Noenik Soekorini; Syahrul Borman

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law Number 17 of 2023 concerning Health brings significant changes in the handling of medical professional errors in Indonesia. This research aims to analyze the mechanism for the formation and authority of the Medical Dispute Settlement Council as well as the role of the state in Gustav Radbruch's legal perspective. The research method used is a normative juridical approach with descriptive analysis. The research results show that this law integrates various previous regulations, establishing a permanent or ad hoc assembly to uphold ethical standards and professionalism for health workers. The Assembly is tasked with handling complaints and alleged disciplinary violations before they enter the realm of criminal law, offering fairer and more efficient dispute resolution through a restorative and non-litigation approach. The role of the state is very important to guarantee justice, legal certainty and benefits, ensure that the assembly operates fairly and transparently, and provides fair legal protection for patients and medical personnel.

Fitri Setyo Rini; Rina Arum Prastyanti

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

Trafficking is currently a serious and urgent global problem. Indonesia itself is also a barn of human trafficking victims, especially related to the labor migration of Indonesian Migrant Workers (PMI) sent abroad. Many migrant workers are victims of exploitation and human rights violations due to human trafficking. Therefore, it is important to strengthen the protection of PMI rights through national and international legal frameworks. This research aims to analyze the legal framework for the protection of migrant workers as victims of human trafficking abroad. The method used is normative legal research by examining relevant national and international laws and regulations. The results show that Indonesia has a strong commitment through the ratification of various international legal instruments to protect migrant workers. However, law enforcement still faces various obstacles and there is a need for stronger cross-border cooperation. Therefore, a more comprehensive policy is needed to improve the protection of migrant workers.

Denis Yusuf Mercury; Agustin Widjiastuti; Paula Paula

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The company as a place for providing employment, requires accepting workers the detention of the employee's original diploma as a guarantee so that employees cannot violate the rules in the company. Withholding of diplomas is a form of human rights violations that are often ignored by job providers. The purpose of writing this study is to determine the role of the government in handling cases of withholding original diplomas carried out by employers and protecting the human rights of employees to recover original diplomas withheld. The need for legal protection for employees who experience diploma withholding. The research method used by the author in this thesis is using normative research methods with literature research which is research on laws and regulations (Statute Approach) and literature or reading materials and obtained experts and scholars (Conceptual Approach) related to the material discussed. Based on research conducted in the results of the study, there are still many entrepreneurs holding diplomas. Although employers and workers enter into an employment agreement that does not include a clause withholding diplomas, but the original diplomas are still withheld on the basis of mutual trust between employers and employees. The actions of employers have been included in human rights violations, this results in employees not being able to apply for jobs elsewhere that are better in accordance with their abilities. There is a conclusion that there is a legal vacuum, there is no specific law prohibiting the withholding of diplomas.

Putri Galuh Pitaloka; Ravikah Amelia; Reva Fitri Ramadhani; Leon Leon; Amanda Mutiara Natasya

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This article explores efforts to optimise the rights of crew in the international maritime contextand take a stand against illegal agency practices that harm them. An in-depth analysis of the ship's crew working conditions reveals labour rights violations and unsafe working conditions. Meanwhile, the role of illegal agents exacerbates the situation. This research urges the government to optimise the rights of migrant ship crew members. By detailing basic rights such as a living wage, safe working conditions, the research investigates the positive impact of implementing migrant worker protection policies. Focus is also given to countering illegal agents by identifying prevention and enforcement strategies that can be implemented. This research provides a foundation for cooperation between governments, shipping companies and international organisations to create a fair and sustainable maritime environment and eradicate illegal agencies that only want to benefit themselves. This research not only describes the challenges, but also illustrates solutions in protecting the rights of ship’s crew members and countering illegal agents in the maritime sector.

Roha Purnama Putri; Rapika Rapika; Tito Raman Dhanni; Mellyana Candra

JURNAL WILAYAH, KOTA DAN LINGKUNGAN BERKELANJUTAN 2023 Fakultas Teknik Universitas Cenderawasih

This article examines the provision of legal protection to workers who violate work contract agreements through the Bintan Regency Manpower Service. The case study was conducted at PT. Sumber Izum Mas Perkasa Bintan. This paper aims to analyze the legal protection of workers in violation of employment contracts against workers' rights and the effectiveness of legal protection provided by the Manpower Service, as well as providing recommendations for improving worker protection regarding employment contract agreements in the Bintan Region. This research was conducted in a qualitative descriptive manner, namely describing the results of interviews, observations and direct observations, as well as using literature studies through relevant sites and articles. The results of this research require increasing legal awareness in companies and workers. Apart from that, the Manpower Department needs to strengthen law enforcement to prevent violations of employment contracts.

Hindun Siva Afriani; Muhamad Rizal; Sari Usih Natari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Contract work in construction is one of the common forms of work performed in the construction industry. In contract work, workers are hired to complete construction projects within a specified timeframe and agreed-upon cost. However, there are often cases where contract workers experience delays or wage payment postponements. The research aims to analyze the legal protection for contract workers in the construction industry concerning delayed wage payments. In Indonesia, there are labor regulations that govern the rights and obligations of workers, including wage payments. If there is a delay in wage payment, workers have the right to file a lawsuit or report the violation to the authorities. This research adopts a qualitative research method, analyzing data and gathering information from various sources. Legal protection plays a crucial role in safeguarding workers. Some relevant legal roles include employment agreements, which enable workers to enter into contractual agreements with employers that protect their rights.