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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.

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 aims to examine the legal protection of workers' rights who are terminated due to economic recession and to analyze the use of economic recession as a valid reason for termination of employment. This is a normative legal research that uses a statutory approach and a conceptual approach. The research relies on primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 13 of 2003 concerning Manpower, and Law Number 11 of 2020 concerning Job Creation, as well as secondary legal materials including books, journals, and scholarly articles. The results of the research show that: 1) an economic recession can be considered a valid reason for termination of employment within a company, as it may fall under the category of force majeure, provided that the company still respects the employment agreement and principles of fairness; and 2) legal protection for workers who are laid off due to an economic recession is divided into two forms: internal legal protection (based on the contents of the employment agreement) and external legal protection (based on statutory provisions). In this regard, workers still have the right to receive severance pay, long service pay, and compensation for entitlements.

The bankruptcy of a major company like PT Sri Rejeki Isman Tbk (Sritex) not only reflects a financial crisis but also opens a significant debate about legal fairness for stakeholders, particularly laborers and company owners. This research examines the impact of the bankruptcy on the fulfillment of laborers' normative rights and the legal protection afforded to company owners. Using a juridical-normative approach and a case study method, the findings reveal that the bankruptcy process still presents imbalances in legal protection, especially for laborers who, despite being legally recognized as preferential creditors, are often disregarded in practice. This article recommends regulatory reform and strengthening the state's role in ensuring justice throughout the bankruptcy proceedings.

This study examines the legal conflict between workers' wage claims and state tax obligations in bankruptcy proceedings under Indonesian law, focusing on the constitutional imperative to prioritize workers' rights. The Introduction contextualizes the tension between Article 95(4) of the Labor Law, which mandates wage prioritization, and tax legislation granting precedence to state claims, highlighting the landmark Constitutional Court Decision No. 67/PUU-XI/2013 that affirmed workers' constitutional rights to timely wages. Employing a Method of normative legal research, the analysis integrates statutory and case approaches, reviewing laws on bankruptcy (UU No. 37/2004), labor rights, and taxation, alongside judicial decisions and international frameworks like ILO Conventions No. 100 and 111. Results reveal that while the Constitutional Court’s decision established workers’ absolute priority over tax claims, regulatory disharmony persists due to conflicting provisions in the Tax Law (UU KUP) and the 2020 Job Creation Law (UU Cipta Kerja), which ambiguously subordinates tax claims only to secured creditors. Discussion underscores the necessity for legal synchronization to align labor and tax regulations, ensuring compliance with Gustav Radbruch’s principles of legal certainty and Hans Kelsen’s normative hierarchy. The study advocates legislative reforms to codify workers’ priority in bankruptcy, drawing parallels with Malaysia’s Employment Act 1955 and France’s AGS system, which institutionalize wage protection. By addressing regulatory contradictions, Indonesia can harmonize constitutional mandates with fiscal policies, balancing social justice and economic stability.

The number of layoffs during Covid-19 due to the presence of the Large-Scale Social Restrictions (PSBB) policy not only has an impact on the health sector, but also has a wide impact on social and economic coverage, especially in the formal and informal employment sector. One of the main problems that arises is the increasing cases of Termination of Employment (PHK) which causes economic uncertainty for workers and their families. The researcher is encouraged to conduct an in-depth analysis of this condition after the enactment of the Job Creation Law, especially in the perspective of fulfilling the rights of workers affected by the pandemic. This study uses a normative legal research method with a legal legal approach, focusing on the employment aspect. Data was obtained through literature studies which included primary sources in the form of laws and regulations, as well as secondary sources in the form of literature, journals, scientific articles, and relevant court decisions. The results of the study show that there are still differences in implementation in fulfilling the rights of workers who have been laid off during the pandemic. Based on the decisions analyzed, it was found that there are still cases where workers do not get their rights in full, either related to severance pay, service award money, or other compensation money that should be guaranteed by law. These findings indicate that the role of judges in deciding layoff cases is very important to ensure maximum justice and protection for workers. Therefore, the author recommends that judges in deciding cases related to layoffs be guided by the principles of labor law, the principles of social justice, and applicable laws and regulations.

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.  

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.

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.

This study aims to analyze the legal protection of workers' rights due to unilateral termination of employment (PHK) in outsourcing companies in Gorontalo City. The focus of the study covers two main aspects, namely the form of fulfillment of workers' rights affected by layoffs and the inhibiting factors of the Gorontalo City Manpower, Cooperatives, and SMEs Office in providing legal protection. The research method used is an empirical legal approach with data collection through interviews, document studies, and observations. The results of the study indicate that the fulfillment of workers' rights includes severance pay, long-service bonus money, and replacement money in accordance with applicable regulations. In addition, the relevant agencies play a role in providing mediation services and facilitating dispute resolution. However, the implementation of this legal protection faces various obstacles, such as low legal awareness of workers, limited human resources and budget in the Manpower Office, and weak supervision of outsourcing companies. This study emphasizes the need to strengthen labor regulations and increase the effectiveness of supervision to ensure optimal protection of workers' rights. The results of the study are expected to be a reference for policy makers and related parties in improving the legal protection mechanism for workers affected by layoffs.

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

Employment agreements are a crucial step in establishing the employer-employee relationship. While both the Indonesian Labor Law and the Job Creation Law encourage written agreements, verbal contracts are also legally recognized. Written employment agreements serve as a binding instrument and evidence, yet many labor relationships operate without them. This can lead to legal disputes, particularly regarding workers' rights, as exemplified in the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN.Mam. This study employs a descriptive-analytical approach, adhering to the normative legal research method. Secondary data is gathered from primary legal materials, secondary legal materials, and tertiary legal materials. The findings reveal that workers' rights under verbal agreements are still protected by the Labor Law and the Job Creation Law. However, the absence of written documentation of agreed-upon terms for termination of employment can pose challenges in proving these terms in court. In the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN, the court ordered the defendant to pay double the plaintiff's entitlements due to the wrongful termination of employment through coercion. The court found that the plaintiff's termination was unrelated to any company policy violation and could not be substantiated due to the lack of written documentation.

Industrial safety is an important aspect in maintaining a safe work environment and in accordance with applicable legal regulations. In the context of manufacturing companies such as PT. Toyota Astra Indonesia, implementing industrial safety is crucial to ensure the production process runs smoothly and safely for its workers. This article discusses the implementation of industrial security based on the 1945 Constitution (UUD 1945) in the production process of PT. Toyota Astra Indonesia. Industrial security implementation steps carried out by PT. Toyota Astra Indonesia includes the implementation of strict work safety standards, supervision of the use of work equipment, employee training on safety, and regular audits to ensure compliance with regulations contained in UUD No. 1 of 1970 concerning Work Safety. Apart from that, the company also pays attention to environmental protection aspects in its production process in supervision so as to integrate work safety with environmental sustainability. In the context of the 1945 Constitution, the implementation of industrial security at PT. Toyota Astra Indonesia includes a company's code of ethics in (UUD No. 40 of 2007 Article 74), policies and compliance with the law, health and safety policies at work, and Corporate Social Responsibility (CSR) policies directed at ensuring that workers' rights are respected. guaranteed in the 1945 Constitution to be fulfilled properly. In this way, the company ensures that a safe and conducive work environment is the right of every worker in accordance with applicable legal provisions. By implementing industrial security based on the 1945 Constitution, PT. Toyota Astra Indonesia not only ensures compliance with legal regulations, but also supports the country by contributing to providing automotive capabilities and maintaining the company's reputation and increasing overall productivity. In addition, the integration of job security and environmental protection also reflects the company's commitment to sustainability and corporate social responsibility.

Background: In the modern industrial era, work safety is the main focus of companies to protect workers and minimize the risk of work-related injuries and illnesses. Implementation of an Occupational Safety and Health Management System (SMK3) has become a strategy adopted by many companies to improve safety and health standards in the workplace. The purpose of this writing is to provide a better understanding of the importance of implementing SMK3 in improving occupational safety and health as well as the factors that influence its success. Method: The research method used is a literature review which is an approach that focuses on collecting, evaluating and synthesizing information from various literature sources related to the research topic. In the case of journals that consider improving occupational safety through the implementation of an Occupational Safety and Health Management System (SMK3) Result: Work safety, including the implementation of the Occupational Safety and Health Management System (SMK3), is a shared responsibility of the company and workers' rights to a safe work environment. SMK3 aims to prevent occupational injuries and illnesses with steps such as risk identification and follow-up evaluation. Despite benefits such as increased productivity, implementation is often hampered by a lack of awareness, resources and resistance to change. Overcoming these barriers requires increased awareness, adequate resource allocation, and effective change management. Work safety and the implementation of SMK3 are the keys to creating a safe and productive work environment, requiring commitment and participation from all parties to succeed.

This community service aims to examine the application of labor law in industrial relations in order to realize worker justice in Karang Taruna Pugeran Village, Gondang District, Mojokerto Regency. Karang Taruna is a youth organization that focuses on empowering youth and improving community welfare. This research was conducted with the aim of understanding the level of understanding and implementation of labor law and identifying the obstacles that exist in achieving worker justice in the Karang Taruna environment. The application of labor law in industrial relations to achieve worker justice stems from the need for protection of workers' rights and the creation of a balanced relationship between workers and employers. In this context, labor law aims to regulate the rights and obligations of workers and employers in order to create a fair working relationship.

The Ciptaker Law functions to increase investment and create new jobs, but is controversial because of workers' rights. Analysis of the relationship between the Ciptaker Law and employee welfare needs to pay attention to the concept of Competency-Based Employment, which allows companies to appoint and terminate employment based on employee capabilities and performance. However, this threatens the rights of employees, especially regarding termination and wages. The Ciptaker Law also expands the types of work for foreign workers in Indonesia. Even though it can increase investment and create jobs, the Ciptaker Law has the potential to reduce employee wages and make it easier for companies to terminate employment. The implementation of the Ciptaker Law needs to be closely monitored and evaluate especially in terms of protecting employee rights so that this Law can improve welfare and decent employment opportunities. Sorry, please add the text you want shortened. Thank You.