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Kadek Yogi Arya Agustama

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

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.

Olive Ozora Tesalonika Simanjuntak; Agus Mulya Karsona; Sherly Ayuna Putri

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

Indonesia is a country with a high level of labor-related issues, particularly in relation to the protection and fulfillment of workers’ rights. Common problems include termination of employment, unpaid wages, and inadequate severance payments. One such case is the bankruptcy petition filed against PT. Setiaji Mandiri, which serves as the focus of this study. The objective of this research is to analyze the legal considerations behind the Commercial Court’s decision to grant the bankruptcy request and its implications for labor rights. This study employs a normative juridical method by analyzing relevant legislation and court rulings, particularly referring to Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, and Law No. 2 of 2004 on Industrial Relations Dispute Settlement. The findings show that PT. Setiaji Mandiri had indeed made efforts to settle its financial obligations, but these efforts were deemed insufficient by the court, leading to the acceptance of the bankruptcy petition. However, a key issue that emerged was the absence of debt registration with the Industrial Relations Court (PHI), which is mandated by law in cases involving employment disputes. According to the prevailing labor laws, the PHI must first determine the amount of severance pay owed to employees, which can then be used as a reference in bankruptcy proceedings. The study concludes that there was a procedural oversight in the handling of labor claims in this bankruptcy case. It emphasizes the importance of adhering to legal mechanisms that protect workers’ rights and recommends stricter coordination between commercial and labor courts to prevent similar issues in the future.

Raihan Akbar Syahdewa; Arief Suryono

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the legal responsibilities of e-sports teams regarding the fulfillment of wage rights and the forms of legal protection for professional athletes based on applicable laws and regulations in Indonesia. As the e-sports industry develops as part of the digital and creative economy, the issue of employment relations between e-sports teams (as employers) and athletes (as professional workers) has become an important issue that requires in-depth study from a legal perspective. This study uses a normative legal method with a statutory approach. This approach is used to analyze positive legal norms that regulate the rights and obligations in employment relations and the legal protection mechanisms available to e-sports athletes. This research is prescriptive in nature, meaning it not only describes the applicable legal conditions but also provides recommendations for improvements. The legal material collection technique was carried out through a literature study that included relevant laws and regulations, books, scientific journals, and court decisions. The results of the study indicate that e-sports teams, which can legally be in the form of business entities or corporations, have a legal obligation to pay athletes' wage rights in a timely and full manner as stated in the employment contract. If there are delays or deductions in wages without legal basis, e-sports teams can be held liable under civil, criminal, and administrative laws. Furthermore, legal protection for athletes as workers still faces various challenges, particularly related to weak oversight by relevant authorities and low levels of legal awareness among both team management and athletes themselves. To address this, concrete steps are needed in the form of strengthening law enforcement mechanisms, increasing legal education for e-sports industry players, and developing labor protection policies specifically for e-sports. This way, the rights of professional athletes can be guaranteed fairly and proportionally.

Andre Rizaldy; Muthia Sakti; Iwan Erar Joesoef

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

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.

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 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.

Quri’syaich Say Mandari; Ernu Widodo; Fathul Hamdani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Every worker as an Indonesian citizen has the desire to get a decent and prosperous life and get a decent job. A prosperous life can be achieved through the implementation of obligations as workers, the mandate is contained in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states: "Every citizen has the right to work and a decent livelihood for humanity." And in Article 28D paragraph (2): "Everyone has the right to work and receive fair and proper remuneration and treatment in employment relations." The legal issue of this normative legal research: How are labor rights regulated? What is the wage policy for workers? The regulation of labor rights in the Job Creation Law, which is regulated in Law Number 6 of 2023 concerning Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into Law, includes several important aspects that aim to provide certainty and protection for workers. The Job Creation Law stipulates certainty regarding rights and obligations for workers and companies, including arrangements regarding wages, working hours, and leave. The arrangement is expected to build a harmonious working relationship and in accordance with applicable laws and regulations. Wage policies, especially regulated in the Labor Law, have the purpose of protecting workers' rights and ensuring welfare. That regarding wage policies for workers in the form of minimum wages, wage components, protection of workers' rights and labor welfare.

Tasya Salsabilla; Sultan Maulana Adrian; Syifa Nadiyah Putri; Khilda Nur Azizah; Enjum Jumhana

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

This study discusses the legal protection for contract workers in Indonesia, which has become increasingly important as the use of contract work systems grows. Although various regulations have been implemented, such as Law No. 13 of 2003 on Manpower and Government Regulation No. 35 of 2021, practice in the field shows gaps in the application of contract workers' rights. This study uses a descriptive qualitative method by gathering data from various literature studies. The results indicate that contract workers often do not receive their full rights, including fair wages, social benefits, and health insurance, due to weak oversight, a lack of understanding among workers about their rights, and non-compliance by companies with applicable regulations. This article identifies several key challenges, such as discrepancies in the interpretation of regulations between central and regional authorities, as well as companies' practices that violate legal provisions. Therefore, there is a need for enhanced supervision, increased worker awareness, and stricter law enforcement to ensure more effective protection for contract workers. The findings are expected to contribute to the development of labor policies in Indonesia that are more supportive of the welfare of contract workers.

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.  

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

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

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

Sahata Panjaitan; Raja Ritonga

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This research analyzes the legal protection for informal workers within the framework of labor law in Indonesia. Informal workers, including domestic workers and others in the informal sector, often face legal uncertainty and lack adequate protections compared to formal workers. The study adopts a normative legal analysis method by referencing relevant legislative provisions. The findings indicate that although Law Number 13 of 2003 concerning Manpower provides a legal basis for protecting informal workers, its implementation remains limited. Major challenges include difficulty in identifying informal workers and their lack of awareness regarding their rights. Current protections include the right to fair wages, equitable treatment, and access to social security programs. However, there are legal gaps that need to be addressed to enhance protection for informal workers.

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.

Nikmah Dalimunthe; Ariyadi Ariyadi; Agung Setia; Dwi Nur Annisa; Indah Khuzaimah +4 more

Jurnal Manajemen Riset Inovasi 2023 Pusat Riset dan Inovasi Nasional

Given the wage disparity and perceived injustice experienced by both permanent and contract workers, it is necessary to conduct a study on legal protection regarding wages for the well-being of laborers. Therefore, this research aims to examine the role of labor protection policies, including social security for workers, fair wages, and the protection of labor rights, in promoting labor welfare. This study utilizes a qualitative method, which involves describing data and organizing it into various sentences. Additionally, a descriptive method is employed, where data is derived from words, sentences, images, and information from various books, journals, and other scholarly works that serve as references for labor protection and worker well-being. The findings of the discussion indicate that labor protection in the form of social security, fair wages, and labor rights plays a significant role in improving labor welfare.