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Syaiful Bahari
Universitas Sains Indonesia
Law, Crime, Criminology & Criminal Justice

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Kedudukan Pengaduan Konstitusional dalam Sistem Kekuasaan Kehakiman Menurut UUD 1945 Syaiful Bahari; La Ode Mbunai; Muhammad Panca Prana Mustaqim Sinaga; Tuti Elawati
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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Abstract

Since the 1998 reform, the Indonesian state system has changed a lot, especially after the amendment of the 1945 Constitution. One of the amendments was the Judicial Power. Previously, the Indonesian state system did not recognize constitutional review. There was no mechanism for constitutional review of laws against the 1945 Constitution, because laws were the full authority of the Legislative and the President and could not be sued except through a legislative review mechanism. In the third amendment of the 1945 Constitution, the mechanism for constitutional review of laws against the 1945 Constitution was opened and a new institution was formed, namely the Constitutional Court. In theory and constitutional practice in various countries, the authority of the Constitutional Court is not only judicial review of laws against the 1945 Constitution, but also includes all constitutional review practices, both laws and regulations under the Law and actions of branches of power that are considered to violate or contradict the 1945 Constitution. Unfortunately, the practice of con­stitutional review as a whole has still not been accepted by the MPR and lawmakers. As a result, until now there has been dualism in the constitutional review carried out by the Constitutional Court. Meanwhile, related to constitutional review through the Constitutional Complaint mechanism, it has not yet found a place in the Indonesian state system. This study uses a legislative approach and a historical approach. The study through the legislative approach focuses on the formation of new legal norms and the historical study explains the process and background of the formation of legal institutions.
Pengaturan Outsourcing Pasca Undang-undang Nomor 6 Tahun 2023 dan Putusan Mahkamah Konstitusi Nomor 168/PUU-XXI/2023 Tri Wahyu Pranoto; La Ode Mbunai; Syaiful Bahari; Yusup Suparman
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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The regulation of outsourcing in Indonesian labor law has undergone significant changes following the enactment of Law Number 6 of 2023 on Job Creation, which permits outsourcing practices without explicitly limiting the types of work that may be outsourced. This development raises juridical concerns, particularly with regard to legal certainty in employment relationships and the protection of workers’ rights. In this context, Constitutional Court Decision Number 168/PUU-XXI/2023 is of particular importance, as it affirms the constitutional boundaries in the formulation and implementation of labor law norms.This study aims to analyze the juridical implications of outsourcing regulation following the enactment of Law Number 6 of 2023 based on constitutional principles as articulated in Constitutional Court Decision Number 168/PUU-XXI/2023. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the regulation of outsourcing is conditionally constitutional, meaning that its validity is contingent upon the existence of normative limitations to ensure legal certainty and the protection of workers’ rights. A key juridical implication of the decision is the emergence of a constitutional obligation for the minister responsible for labor affairs to regulate outsourced work restrictively through implementing regulations in order to safeguard the constitutional rights of workers.
Implementasi Asas Keseimbangan dalam Perjanjian Hubungan Kemitraan Transportasi Online di Indonesia S.H.S Ulil Alba; La Ode Mbunai; Syaiful Bahari; Yusup Suparman
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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Abstract

The development of digital technology has driven significant changes in the transportation sector through the presence of app-based transportation services in Indonesia. The relationship between online transportation companies and drivers is built in the form of a partnership, but in practice it raises legal issues, particularly regarding the certainty of the driver's legal status and the application of the principle of balance in partnership agreements. This study aims to analyze online transportation partnership relationships in Indonesia and examine the application of the principle of contractual balance in these relationships. The research method used is normative legal research with a statutory approach and a conceptual approach, through a review of relevant laws and regulations, doctrines, and legal literature. The results show that online transportation partnership relationships have not received clear regulations in the labor law regime, thus creating a legal vacuum. Although the concept of partnership normatively requires equal standing between the parties, practice in the field demonstrates an imbalance between app companies and drivers. This imbalance is reflected in the use of unilaterally drafted standard agreements, the existence of exoneration clauses, work control through algorithmic systems, and limited driver access to data and information. These conditions result in the principles of balance and proportionality in partnership agreements not being optimally met and potentially detrimental to drivers. Therefore, this study emphasizes the need for more comprehensive and adaptive legal regulations to ensure a balance of rights and obligations and provide fair legal protection for online transportation drivers in Indonesia.
Co-Authors La Ode Mbunai Muhammad Panca Prana Mustaqim Sinaga S.H.S Ulil Alba Tri Wahyu Pranoto Tuti Elawati Yusup Suparman