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All Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Atmari Atmari
Universitas Sunan Giri
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Pekerja Kontrak dalam Perspektif Asas Proporsionalitas dalam Hukum Ketenagakerjaan Atmari Atmari; Sudjai Sudjai
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/hrqb2b70

Abstract

The development of employment relations in Indonesia shows an increasing tendency toward flexibility through the use of Fixed-Term Employment Agreements (PKWT) or contract workers. On the one hand, this policy supports business needs in creating efficiency and labor market adaptability; on the other hand, it raises serious concerns regarding legal protection for workers who are in a weaker bargaining position. This study aims to analyze the regulation of legal protection for contract workers within the Indonesian labor law system, examine its conformity with the principle of proportionality, and formulate a more equitable legal reconstruction. This research employs a normative legal research method (doctrinal legal research) using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively through prescriptive legal reasoning. The findings indicate that the regulation of PKWT in Indonesia is still predominantly oriented toward economic flexibility, and therefore has not fully reflected the principle of balance embedded in proportionality. This condition results in the weak bargaining position of contract workers and suboptimal legal protection. Accordingly, this study proposes a legal reconstruction based on the principle of proportionality through the limitation of PKWT, strengthening workers’ rights, and improving labor supervision mechanisms. The implications of this study are expected to contribute theoretically to the development of a more equitable labor law system and provide policy direction for legislators in strengthening worker protection in Indonesia.
Rekonstruksi Kebijakan Pengupahan Berbasis Keadilan Distributif: Telaah Normatif terhadap Perlindungan Pekerja Berupah Rendah Atmari Atmari; Sudjai Sudjai; M Sifa Yulianis
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 4 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/bvf3nv39

Abstract

Wages constitute an essential instrument for worker protection and a mechanism for the distribution of welfare within industrial relations. However, wage policies in Indonesia remain largely oriented toward compliance with minimum wage standards and the pursuit of economic stability, thereby failing to fully ensure justice for low-wage workers. This study aims to analyze the normative construction of wage policy within the Indonesian labor law system, examine its limitations from the perspective of distributive justice, and formulate a reconstruction of a more equitable wage policy framework. This research employs a normative legal method using both the statute approach and the conceptual approach. Legal materials were analyzed qualitatively through a prescriptive method to develop legal arguments and policy recommendations. The findings reveal that the existing wage system is still dominated by a formalistic paradigm that regards compliance with minimum wage regulations as the primary indicator of worker protection. Such an approach has not adequately addressed the welfare concerns of low-wage workers and does not fully reflect the principles of distributive justice. Therefore, a reconstruction of wage policy is required through strengthening the orientation toward a living wage, integrating welfare indicators into wage formulation, providing affirmative protection for low-wage workers, and enhancing worker participation in policy-making processes. Such reconstruction is expected to promote a wage system that is more equitable, substantive, and welfare-oriented.
Co-Authors M Sifa Yulianis Sudjai Sudjai