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All Journal Nusantara Journal of Multidisciplinary Science Nomos : Jurnal Penelitian Ilmu Hukum Indonesian Journal of Labour law and Industrial Relations Jurnal Darma Loka
Ahmad Nailul Author
Universitas Negeri Surabaya
Religion Humanities Computer Science & IT Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Analisis Urgensi Reformasi Hukum Preventif Pemutusan Hubungan Kerja Secara Massal dalam Hukum Ketenagakerjaan Widya Kusuma Effendi; Ahmad Nailul Author
Nomos : Jurnal Penelitian Ilmu Hukum Vol. 6 No. 1 (2026)
Publisher : Actual Insight

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56393/nomos.v6i1.4323

Abstract

Penelitian ini mengkaji perihal pengaturan pemutusan hubungan kerja massal di Indonesia dengan fokus pada tahap pra-Pemutusan Hubungan kerja serta membandingkannya dengan Negara Belanda. Permasalahan utama terletak pada belum adanya pengaturan khusus yang mengatur mekanisme pra-Pemutusan Hubungan Kerja (PHK) massal dalam peraturan perundang-undangan di Indonesia, sehingga upaya pencegahan PHK massal belum memiliki dasar hukum yang kuat. Penelitian ini menggunakan metode hukum normatif dengan statute approach dan comparative approach. Hasil penelitian menunjukkan bahwa pengaturan pra-PHK massal di Indonesia masih ditemukan kerumpangan meskipun terdapat Surat Edaran Menteri Ketenagakerjaan Nomor SE-907/MEN/PHI-PPHI/X/2004 namun sifat SE secara hirarki yang tidak mengikat secara umum dan lebih menitikberatkan pada himbauan kepada pengusaha menjadikan peran negara dalam tahap pra-PHK massal belum terstruktur secara jelas. Sebaliknya, Belanda melalui Wet melding collectief ontslag telah mengatur mekanisme pra-PHK secara lebih sistematis dengan keterlibatan negara di buktikan dengan terbentuknya Uitvoeringsinstituut Werknemersverzekeringen (UWV) sebagai penggerak dan pengawas dari peraturan yang telah diberlakukan sehingga menciptakan perlindungan bagi para pekerja.
Sosialisasi Hak Pekerja/Buruh yang Bekerja Pada UMKM di Desa Girisekar, Yogyakarta Fakultas Hukum Universitas Negeri Surabaya; Ahmad Nailul Author; Arinto Nugroho
Jurnal Darma Loka Vol 1 No 2 (2025)
Publisher : Fakultas Hukum, Universitas Negeri Surabaya

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Abstract

Micro, Small and Medium Enterprises (MSMEs) play a strategic role in the Indonesian economy, contributing more than 60% to the Gross Domestic Product (GDP) and employing around 97% of the national workforce. However, the lack of understanding among MSME entrepreneurs and workers regarding labour regulations often leads to violations of workers' rights, such as fair wages, social security, and occupational health and safety protection. This Community Service Programme (PKM) aims to improve the legal literacy and awareness of MSME entrepreneurs in Girisekar Village, Gunungkidul, through the dissemination of information on workers' rights as stipulated in laws and regulations. The implementation methods include pre-tests, legal counselling, and post-tests to measure the effectiveness of the activities. The expected results are an increase in MSME actors' understanding of their legal obligations and the creation of fairer and more productive working relationships. Thus, this programme is expected to support the sustainability of businesses and the welfare of workers in the MSME sector.
Implementantion of Law And Utility In Land Electric Registration In Rogojampi Village, Banyuwangi Region Tamsil; Indri Fogar Susilowati; Mahendra Wardhana; Dita Perwitasari; Astrid Amidiaputri; Ahmad Nailul Author
Nusantara Journal of Multidisciplinary Science Vol. 2 No. 3 (2024): NJMS - Oktober 2024
Publisher : PT. Inovasi Teknologi Komputer

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Abstract

Acceleration of land registration is accommodated through Law No. 11 of 2020 concerning Job Creation, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency issued derivative regulations, namely the Regulation of the Minister of ATR/Head of BPN No. 1 of 2021 concerning Electronic Certificates. The problem of land registration in Banyuwangi is that there are 93,599 unregistered land plots, visiting Rogojampi Village, Rogojampi District, Banyuwangi Regency, the local community said that land registration was said to be too difficult and electronic registration did not provide a sense of security or certainty for the community. So in this case the author will discuss the Implementation of law and the benefits of electronic land registration for the first time faced by the Rogojampi village community. The study chose to resolve the legal issues in this paper using a normative research method, carried out through a legislative approach and a conceptual approach. Certificates as proof of ownership of land rights electronically through 2 authentication factors and encryption methods, a collection of certificates are stored in the database as a history to ensure that what was issued is correct.
THE LEGAL PROTECTION OF WORKERS' HEALTH AGAINST SHIFT JUMPING PRACTICES: A COMPARATIVE STUDY OF INDONESIA AND TURKEY Shafa Nadia Dilla Ananda; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.55034

Abstract

This study examines legal protection for the implementation of shift jumping working hours and its impact on workers’ health, using a comparative study between Indonesia and Turkey. It aims to analyze the legal arrangements governing shift work systems in both countries and formulate an ideal legal framework to provide occupational safety and health protection for workers. The method used is normative legal research with statutory, conceptual, and comparative approaches. The legal materials were analyzed prescriptively to answer the research questions. The results show that Indonesia’s shift work regulations are still general in nature and do not specifically regulate the phenomenon of shift jumping, creating a legal vacuum and uncertainty. Meanwhile, Turkey’s regulations are considered more comprehensive because they provide clearer limits on working hours, rest periods, and worker health protection within shift work systems. The comparison indicates that shift jumping can cause work fatigue, disruption of biological rhythms, deterioration of health conditions, and increased risk of workplace accidents. Therefore, Indonesia needs to reform its legal regulations by explicitly governing shift work mechanisms, including shift rotation, rest intervals between shifts, and worker health protection, in order to ensure legal certainty and more optimal protection.
An Analysys of Maternity Leave Rights for Female Workers in Law (Comparative Study of Indonesia-France) Zayyan Rachmadiani; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.55182

Abstract

This research analyzes the protection of maternity leave for female workers through a comparative study between Indonesia and France. This study is motivated by the non-ideal duration of maternity leave for female workers in Indonesia, which is deemed insufficient to fulfill health needs, physical recovery, as well as maternal and child welfare. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The technique for collecting legal materials is conducted through a literature review, which is subsequently analyzed using a prescriptive method. The results indicate a structural gap between Indonesia and France. Indonesia, as a developing country, still applies a maternity leave duration that falls below the minimum standard specified by the ILO Convention No. 183 of 2000. Meanwhile, France, as a welfare state, implements the Code du Travel system with a longer, more flexible maternity leave duration that varies based on the number of children or multiple birth conditions. This comparison demonstrates that the lack of an optimal and ideal maternity leave duration adversely affects the recovery period of working mothers and their children. Therefore, legal reform is required in Indonesia to comprehensively regulate a more ideal duration of maternity leave and optimal health protection for female workers in order to create a safe working environment.
The Analysis of the Working Hours Clause for Live Streamer (Study of the Fixed-Term Employment Agreement of Clinic X) Vadzha Ezra Widyadhana; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.55896

Abstract

The profession of live streamer has grown rapidly along with the advancement of e-commerce technology in Indonesia; however, this growth has not been accompanied by adequate legal certainty, particularly regarding working hours and fine sanctions in Fixed-Term Employment Agreements (PKWT), thereby violating applicable Indonesian laws and regulations. This study aims to analyze the allocation of working hours and the imposition of fines for absenteeism, as well as to examine the legal consequences arising from the conflict between the employment agreement and applicable laws and regulations. The research method used is normative legal research employing a statutory approach and a conceptual approach. Data were obtained from primary legal sources, including relevant laws and regulations and fixed-term employment contracts (PKWT), as well as secondary legal sources such as literature, legal journals, and legal doctrines. The analysis was conducted in a prescriptive manner to assess the compliance of employers’ application of the law with applicable regulations. The results of the study indicate that working hours for streamers may be set in accordance with the law, namely 7 to 8 hours, to ensure the fulfillment of the rights of all parties, provided that this does not exceed the body’s working capacity of 6 to 10 hours per day, with due regard for occupational health, and fines for absenteeism may be imposed on workers proven to have been negligent or absent, with the fine amount not exceeding one day’s wages to ensure the fulfillment of wage rights in accordance with applicable laws and regulations and the principle of fairness. Both clauses cause the Clinic X PKWT to fail to fulfill the objective requirement of a lawful cause as stipulated in Article 52 paragraph (1) letter d of the Manpower Law, resulting in the legal consequence of being null and void under Article 52 paragraph (3) of the Manpower Law, and the employment status of the streamer worker changes into an Indefinite-Term Employment Agreement (PKWTT). Therefore, employers can be more competent in drafting an employment agreement to establish legal certainty within an employment relationship.
A OSH PROTECTION FOR DOMESTIC WORKERS AS INFORMAL WORKERS UNDER LEGISLATION (A COMPARATIVE STUDY OF INDONESIA AND FINLAND) Alya Azmi Putri Eryani; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.56588

Abstract

Abstract This research examines Occupational Safety and Health (OSH) protection for domestic workers as informal workers through a comparative study between Indonesia and Finland, driven by the high vulnerability to work-related hazards in the domestic sphere that has not been explicitly accommodated by Indonesian national law. Employing a normative juridical research method with statutory, comparative, and conceptual approaches, this study identifies a legal vacuum in Indonesia resulting from the limitations of regulations such as the Minister of Manpower Regulation No. 2 of 2015 and Law No. 1 of 1970, which inherently lean toward the formal-industrial sector. Conversely, Finland has successfully implemented universal-preventive protection through the Occupational Safety and Health Act (738/2002) and the ratification of the ILO Convention No. 189 of 2011 concerning Decent Work for Domestic Workers to realize welfare state principles. Based on human rights and social justice principles, this study highlights the urgency of strengthening legal protection in Indonesia, which must be realized through regulatory reform in the Domestic Workers Protection Act (UU PPRT) by incorporating concrete OSH standards, mandatory written employment contracts, and community-based enforcement mechanisms that adapt the successful model of Finnish law. Keywords : Occupational Safety and Health (OSH), Domestic Workers, Informal Workers, Comparative Law.
THE LEGAL ANALYSIS OF CONSTITUTIONAL COURT DECISION 168/PUU-XXI/2023 SECTORAL MINIMUM WAGES ACCORDANCE TO FAIR WAGES Caesarrani Ariningdyah; Nur Ain Adlin Binti Ahmad; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.57144

Abstract

The abolition of the Regency/Municipality Sectoral Minimum Wage (UMSK) under Law Number 6 of 2023 and Government Regulation Number 36 of 2021 created legal uncertainty by eliminating one of the legal instruments protecting workers within Indonesia's wage system. This issue was subsequently subjected to constitutional review, resulting in Constitutional Court Decision Number 168/PUU-XXI/2023, which restored the legal basis for UMSK. This study aims to analyze the Constitutional Court's ratio decidendi in deciding the constitutionality of UMSK regulations, examine the juridical implications of the decision for Indonesia's wage system, and formulate a reconstruction of Article 88C of Law Number 6 of 2023 as ius constituendum. This research employs a normative legal research method using statutory, conceptual, and case approaches. Legal materials were collected through library research and analyzed using a prescriptive method. The findings indicate that the Constitutional Court applied grammatical, systematic, teleological, and historical interpretation to reaffirm the State's obligation to guarantee workers' constitutional right to fair and decent wages through the reinstatement of UMSK. The decision was subsequently implemented through Government Regulation Number 49 of 2025, which regulates sectoral wage determination based on the Indonesian Standard Industrial Classification (KBLI), occupational characteristics and risks, and business scale. Nevertheless, this study finds that Article 88C still requires normative refinement to ensure legal certainty and regulatory harmonization. Accordingly, this research proposes a reconstruction of Article 88C that explicitly recognizes UMSK and its legal criteria, thereby strengthening legal protection for workers while ensuring legal certainty for employers. This reconstruction is expected to serve as a normative foundation for a more equitable, responsive, and sustainable wage policy
Co-Authors Alya Azmi Putri Eryani Arinto Nugroho Astrid Amidiaputri Caesarrani Ariningdyah Dita Perwitasari Fakultas Hukum Universitas Negeri Surabaya Indri Fogar Susilowati Mahendra Wardhana Nur Ain Adlin Binti Ahmad Shafa Nadia Dilla Ananda Tamsil Vadzha Ezra Widyadhana Widya Kusuma Effendi Zayyan Rachmadiani