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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.

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.

Pomolango, Syahidna; Sri Rejeki, Anggun; Moonti, Roy Marthen

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

The recent labor regulation reform through the Job Creation Law (Undang-Undang Cipta Kerja) has introduced new dynamics in regulating Fixed-Term Employment Agreements (PKWT), impacting social justice in Indonesia. This study aims to analyze the effects of PKWT regulation within the Job Creation Law on the principle of social justice, particularly in the context of Indonesia’s Asta Cita 4, which emphasizes protection for the entire nation. Employing a qualitative approach through literature review, the study systematically examines relevant laws, academic works, and related research. The findings indicate that although the law enhances labor market flexibility, the resulting legal uncertainty for fixed-term workers risks social inequality that contradicts the ideals of social justice. This research underscores the need for legislative reforms that prioritize worker protection and social security to align labor regulations with national aspirations embodied in Asta Cita 4. The implications provide recommendations for policymakers and future researchers to develop more empirical and in-depth studies to strengthen labor protections going forward.

Kevin Darmawan; Holyness N. Singadimedja; Rafan Darodjat

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Labor law in Indonesia prioritizes the protection of workers as a primary focus in industrial relations. This protection becomes highly relevant in the context of termination of employment (PHK), particularly in cases where PHK is carried out on the grounds of corporate spin offs. This study aims to analyze the company’s responsibility in fulfilling workers' rights and the legal measures that can be taken to ensure workers' welfare in accordance with Government Regulation No. 35 of 2021. The research method employs a normative juridical approach with descriptive-analytical review of primary documents, such as labor-related legislation, and secondary documents related to the PHK process. The analysis reveals that PHK conducted by a company on the basis of a spin off lacks a strong legal foundation if it contradicts the principles of legal certainty and worker protection as stipulated in applicable regulations. In the event that PHK is still carried out, the company is obligated to provide full compensation to workers, including severance pay, service appreciation pay, and rights replacement as outlined in PP 35/2021. Furthermore, workers are advised to pursue their rights through non-litigation, litigation at the Industrial Relations Court, or administrative measures in a step-by-step manner. The implication of these findings underscores the importance of enforcing labor laws to protect workers' rights during corporate restructuring.  

Muh. Dawami Sholichin; Yunita Primasanti; Bekti Nugrahadi; Erna Indtriastiningsi; Bekti Nugrahadi +1 more

Jupiter: Publikasi Ilmu Keteknikan Industri, Teknik Elektro dan Informatika 2025 Asosiasi Riset Ilmu Teknik Indonesia

Occupational Health and Safety (OHS) is a crucial aspect of the textile industry to ensure worker protection and maintain smooth production processes. This study aims to identify and analyze potential occupational accident risks in the sizing machine process. The methods used in this research are Job Safety Analysis (JSA) and Risk Assessment to evaluate workplace hazards that may disrupt operations. The results indicate several major risks in the sizing process, including mechanical hazards due to direct contact with machines, ergonomic hazards caused by improper working postures, and chemical hazards from exposure to cotton dust and sizing solution vapors. The main risk factors include human aspects, the work environment, and machinery. The recommended improvements in this study include enhancing work supervision and control, providing safety training for workers, optimizing workplace ergonomics, and conducting regular machine maintenance to reduce accident risks. The proper implementation of safety strategies is expected to improve production efficiency and create a safer and more conducive work environment.

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.

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.

Aldi Ferdian Basari; Amirul Mustofa; Ulul Albab; Widyawati Widyawati

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to describe and analyze: the role of the Surabaya Special Class I Immigration Office to prevent Illegal Indonesian Workers and what are the obstacles and efforts made.  The research method to be used is qualitative descriptive.  Data Collection Techniques include: Interviews, Observations, Documentation. The research informant is the Head of the Suarabaya Special Class I Immigration Office. The data analysis technique using interactive model analysis was developed by Miles et al., (2014), namely data condensation, data presentation, and conclusion drawn. The results of the study show that the Surabaya Special Class I Immigration Office has a role as a regulator carried out by providing understanding and socialization to the public about the dangers of illegal migrant workers who will not get legal certainty in their placement areas. As a regulator, immigration supervision of Indonesian citizens is carried out when applying for travel documents, either out or into Indonesian territory or being outside Indonesian territory. As a facilitator, providing Travel Documents of the Republic of Indonesia (DPRI) to every citizen who will travel abroad as long as there are no burdensome things. The obstacles faced are Indonesian Prospective Workers who still often forge documents, still often abuse Travel Documents, lack of awareness of Indonesian Prospective Workers in compliance with Immigration documents. Some of the efforts taken include regular Counseling and Education, Pre-Immigration Consultations. Strengthening Cooperation with Recognized and Licensed Official Placement Agents. Strict Monitoring and Supervision of activities related to immigration. Strict Law Enforcement on placement agencies or prospective migrant workers involved in non-procedural practices. Collaborate with relevant agencies such as the Ministry of Manpower, the police, and migrant worker protection agencies to exchange information and support comprehensive prevention efforts such as the Indonesian immigration security agency.

Adela Salsabila; Enjum Jumhana; Ade Putri Hanifa

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Labour law reform in Indonesia is a strategic step to create welfare for workers in the face of the challenges of globalization and an ever-evolving labour market. With the fast-paced changes in the work environment, along with globalization and technological advancements, it is important to make regulatory adjustments that can effectively protect workers' rights while also considering the needs of employers. This research takes a closer look at the importance of labor law reform in Indonesia, particularly focusing on improving workers' welfare. We use normative legal research methods with statutory and conceptual approaches.  The data we collected included relevant laws regarding labor, legal literature, and official documents.  The results show that several aspects of labor law in Indonesia still need to be reformed, including the wage system, social security, protection of contract and outsourced workers, and industrial relations dispute resolution mechanisms. We hope that these reforms will pave the way for a more equitable, responsive and adaptable labor law system that can truly improve workers' welfare in a sustainable manner

Ramsen Cahyatri Fatmasari; Dito Adi Saputra; Frysilia Tri Oktiasari; Indra Wijaya

Populer: Jurnal Penelitian Mahasiswa 2025 Universitas Maritim AMNI Semarang

This project is motivated by the high risk of work accidents in the concrete production process, especially at night when there is poor lighting. Based on observations, there were various significant work incidents, such as injuries from sharp objects and being caught in heavy equipment, which indicate the need for increased risk control. This study aims to design personal protective equipment in the form of an innovative safety helmet using the Job Safety Analysis (JSA) method to improve occupational safety and health (K3) at PT Adhi Persada Beton Batching Plant Kebonarum. The methodology used includes hazard identification, risk analysis, and solution development in the form of designing a safety helmet that is adjusted to the ergonomic needs of workers. This study also includes analysis of work accident data, identification of potential hazards, and evaluation of the effectiveness of existing personal protective equipment. The results of the study indicate that the application of the JSA method can identify risks in a more structured manner, as well as produce recommendations for safety helmet innovations that can improve worker protection against potential hazards.