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A Legal Analysis of Changes to the Severance Pay Calculation Formula Ending Solehudin; Muhammad Arif
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29038

Fundamental changes in the termination compensation scheme following the enactment of the omnibus law have triggered a reorientation of workers' rights protection in Indonesia. This study aims to examine the legal transformation of the severance pay calculation formula from Law Number 13 of 2003 to Law Number 6 of 2023 concerning Job Creation. Using normative legal research methods with a statute approach and a conceptual approach, this study analyzes the implications of this shift in norms for the certainty of workers' rights. The results show that this transformation not only changes the nominal value by reducing the multiplier but also shifts the protection paradigm from job security to flexibility. The correlation between the decline in severance pay and the certainty of workers' rights indicates a degradation of economic value that has not been fully compensated by the job loss insurance program. Furthermore, an analysis of the Constitutional Court's ruling emphasizes the importance of the constitutionality of norms that must balance investment facilitation with the right to a decent living. This study concludes that regulatory synchronization following the Constitutional Court's ruling is crucial to prevent legal uncertainty that harms industrial stability and worker welfare.

ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 128/PUU-XXIII/2025 TENTANG LARANGAN RANGKAP JABATAN BAGI MENTERI DAN WAKIL MENTERI PERSPEKTIF SIYASAH DUSTURIYAH Hayyanudin; Ending Solehudin; Yana Sutiana; M Yahya Wahyudin
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 13 No. 10 (2026): 2026 Oktober
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v13i10.1313

The practice of deputy ministers concurrently holding positions as commissioners of State-Owned Enterprises (SOEs) has long constituted an unresolved constitutional issue in Indonesian positive law. Article 23 of Law Number 39 of 2008 on State Ministries only prohibits concurrent office-holding for ministers, thereby creating a legal gap that has been exploited systematically. This study aims to analyze the legal considerations of judges, the legal implications, and the siyasah dusturiyah perspective on Constitutional Court Decision Number 128/PUU-XXIII/2025 concerning the prohibition of concurrent office-holding for ministers and deputy ministers. The method employed is normative juridical research utilizing a statute approach and case approach, with descriptive-prescriptive qualitative analysis. The findings reveal three principal conclusions: first, the Constitutional Court constructed its legal reasoning upon the principles of equality before the law, legal certainty, and good governance, employing conditional constitutional interpretation to extend the normative scope of Article 23 to deputy ministers; second, the decision carries erga omnes effect, producing significant normative-legislative, executive-institutional, and constitutional jurisprudential implications, including the obligation to relinquish concurrent positions within a two-year grace period; third, the siyasah dusturiyah perspective affirms the prohibition through the principles of amanah, 'adl, al-wizārah, and maslahah mursalah, all of which are substantively convergent with the decision's ratio decidendi. This study concludes that the prohibition on concurrent office-holding is not merely a formal legal obligation, but an ethical and moral imperative intrinsic to the nature of trustworthy leadership in both Islamic governance and modern constitutionalism.

Worker Protection in the Gig Economy: Reformulating Indonesian Labor Law through Positive and Islamic Law Perspectives Ending Solehudin; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1953

The development of the gig economy based on digital platforms creates work flexibility, but at the same time creates uncertainty about the legal status and worker protection gap in the Indonesian labor system. This study aims to analyze the adequacy of Indonesia's positive laws in protecting gig economy workers and formulate a legal reformulation model based on the perspective of positive law and Islamic law. The research uses normative legal methods with legislative, conceptual, comparative, and Islamic law approaches. Legal materials are analyzed qualitatively and prescriptively to identify legal gaps and formulate more adaptive legal constructions. Research shows that formal status-based protection approaches are inadequate because platform control takes place through algorithms, incentive systems, ratings, job distribution, and deactivation. Reformulation needs to use substantive indicators in the form of control, economic dependency, risk, and the factual character of the employment relationship. The principles of 'adl, ijarah, maslahah, ḥifẓ al-māl, and ḥifẓ al-nafs reinforce the orientation of these protections. The layered protection model is more relevant than the binary classification of workers and partners. Indonesia needs to establish a work platform regulatory framework that guarantees fair remuneration, portable social security, occupational safety, algorithmic transparency, data protection, and access to justice by taking into account the development of ILO Convention No. 193 of 2026.

Worker Protection in the Gig Economy: Reformulating Indonesian Labor Law through Positive and Islamic Law Perspectives Ending Solehudin; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1953

The development of the gig economy based on digital platforms creates work flexibility, but at the same time creates uncertainty about the legal status and worker protection gap in the Indonesian labor system. This study aims to analyze the adequacy of Indonesia's positive laws in protecting gig economy workers and formulate a legal reformulation model based on the perspective of positive law and Islamic law. The research uses normative legal methods with legislative, conceptual, comparative, and Islamic law approaches. Legal materials are analyzed qualitatively and prescriptively to identify legal gaps and formulate more adaptive legal constructions. Research shows that formal status-based protection approaches are inadequate because platform control takes place through algorithms, incentive systems, ratings, job distribution, and deactivation. Reformulation needs to use substantive indicators in the form of control, economic dependency, risk, and the factual character of the employment relationship. The principles of 'adl, ijarah, maslahah, ḥifẓ al-māl, and ḥifẓ al-nafs reinforce the orientation of these protections. The layered protection model is more relevant than the binary classification of workers and partners. Indonesia needs to establish a work platform regulatory framework that guarantees fair remuneration, portable social security, occupational safety, algorithmic transparency, data protection, and access to justice by taking into account the development of ILO Convention No. 193 of 2026.

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