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All Journal DE'RECHTSSTAAT Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam
Sri Nurcahyani
Fakultas Hukum, Universitas Subang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Negara Hukum terhadap Perlakuan Diskriminatif Dalam Penempatan Dan Perlakuan Kerja: Kajian Putusan No. 41/Pdt.Sus-Phi/2023/Pn Bdg Helen Yanti; Hendra Rahmani; Sri Nurcahyani
Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam Vol. 5 No. 2 (2025): Staatsrecht Jurnal Hukum Kenegaraan dan Politik Islam
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/staatsrecht.v5i2.4610

Abstract

This study examines discriminatory treatment against workers within employment relations by analyzing Decision No. 41/Pdt.Sus-PHI/2023/PN Bdg as a case study. Employment relations in Indonesia’s legal framework are inherently subordinative, placing workers in a structurally weaker position compared to employers. Such imbalance creates space for both direct and indirect discriminatory practices, often disguised within internal company policies. A normative assessment of the 1945 Constitution, the Manpower Law, and its implementing regulations underscores the State’s obligation to provide legal protection through the principles of non-discrimination, legal certainty, and substantive justice. The analyzed decision demonstrates that the worker was subjected to job reassignment, consecutive warning letters, and termination of employment without adequate objective justification. These actions constitute indirect discrimination, as they appear formally legitimate yet substantively disadvantage the worker and reflect the employer’s misuse of authority. The panel of judges found that the employer’s actions lacked objective grounds and failed to uphold fairness within industrial relations. The court restored balance by granting the worker her entitlements, including compensation and process wages. This study emphasizes that legal protection for workers must not remain merely normative but must be effectively realized through judicial mechanisms. The analysis of the decision illustrates that labor law functions as a corrective instrument to rebalance power relations and prevent discriminatory practices detrimental to workers within employment settings.
Criminal Offense of Using Public Facilities for Unauthorized Purposes in Relation to Regional Regulation No. 2 of 2020:: A Case Study of Sidoarjo District Court Decision No. 16/Pid.C/2024/PN Sda Reva Indah Komala; Ujang Candra; Sri Nurcahyani
DE'RECHTSSTAAT Vol. 12 No. 2 (2026): JURNAL HUKUM DE' RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v12i2.22310

Abstract

This research focuses on the application of Regional Regulation Number 2 of 2020 in enforcing the law against such violations, as well as the judge's considerations in rendering the verdict for the defendant in Case Number 16/Pid.C/2024/PN Sda. The research method employed is normative juridical, utilizing statutory and case study approaches. Data were collected through library research and an analysis of the court decision. The findings indicate that law enforcement in this case complies with the provisions of Regional Regulation Number 2 of 2020. The judge imposed a criminal fine on the defendant by taking into account the elements of the offense, the evidence presented, and sociological factors. The judge's considerations emphasized the balance among legal certainty, utility, and justice. Furthermore, the effectiveness of the regulation's implementation remains influenced by law enforcement personnel, available facilities, public awareness, and local culture. In conclusion, although law enforcement has functioned effectively, there is a need to enhance public legal awareness and strengthen the role of the Civil Service Police Unit (Satpol PP) to ensure the regulation's objectives are achieved optimally.
Annulment of an Indonesian National Arbitration Board Award in a Dispute over Energy Storage Equipment and Material Procurement: : A Review of Supreme Court Decision No. 1320 B/Pdt.Sus-Arbt/2023 Yulia Sa'adah; Ujang Charda; Sri Nurcahyani
DE'RECHTSSTAAT Vol. 12 No. 2 (2026): JURNAL HUKUM DE' RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v12i2.24456

Abstract

This study aims to analyze the legal grounds for the annulment of the Indonesian National Board of Arbitration (BANI) award by the Supreme Court under Decision Number 1320 B/Pdt.Sus-Arbt/2023, as well as its legal implications for legal certainty and the principle of finality (final and binding) in arbitration. This research employs a normative juridical method with statutory and case study approaches, referencing Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution. The findings indicate that the annulment of the arbitral award in the case at hand was based on the absence of a written arbitration agreement between the parties, which constitutes the fundamental premise for the arbitral tribunal’s absolute jurisdiction. Although the absence of an arbitration agreement is not explicitly listed within the limitative grounds of Article 70 of the Arbitration Law, such annulment is construed as an examination of the arbitral jurisdiction’s legitimacy rather than a review of the merits of the case. Consequently, this implies that the finality of an arbitral award is not absolute, highlighting the imperative for heightened diligence in drafting arbitration clauses within commercial contracts to prevent future judicial intervention.
Co-Authors Helen Yanti Hendra Rahmani Reva Indah Komala Ujang Candra Ujang Charda Yulia Sa'adah