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All Journal Jurnal Ilmiah Penegakan Hukum Journal of International Islamic Law, Human Right and Public Policy
Shanti Mayasari Aritonang
Universitas Alwashliyah
Religion Law, Crime, Criminology & Criminal Justice

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Komparasi Hukum Atas Hak dan Kewajiban Buruh menurut UU No 13 Tahun 2003 tentang Ketenagakerjaan dan Undang-Undang No.6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang No.2 Tahun 2022 tentang Cipta Kerja menjadi Undang-Undang Shanti Mayasari Aritonang; Akiruddn Ahmad; Zuhri Arif
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16833

Abstract

Labor rights in Indonesia are normatively regulated in Law No. 13 of 2003 concerning Manpower. However, the dynamics of national economic development and demands for an improved investment climate have prompted the enactment of Law No. 6 of 2023 concerning the Stipulation of the Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into law, fundamentally reconstructing labor regulations through an omnibus law approach. The presence of this regulation has sparked legal and sociological debate regarding the extent to which protection of workers' rights and obligations has been strengthened or reduced compared to the previous labor law regime. This study aims to comprehensively analyze the provisions on workers' rights and obligations and the forms of legal protection under Law No. 13 of 2003 and Law No. 6 of 2023. The research method used is normative legal research with statutory, comparative, and analytical approaches. This research was conducted by systematically examining the legal norms governing labor and then comparing the substance of the regulations in both laws to identify similarities, differences, and their legal implications for labor protection. The research findings indicate a significant paradigm shift in the regulation of workers' rights and obligations. The Job Creation Law amends and eliminates several key provisions in the Manpower Law, particularly those related to minimum wages, severance pay, layoffs, outsourcing, leave and rest periods, work duration, the use of foreign workers, social security, and fixed-term contracts (PKWT). From a legal protection perspective, the employment cluster in the Job Creation Law tends to accommodate the interests of business flexibility and economic efficiency, which in turn has implications for reducing the level of normative protection for workers.
LEGAL ASPECTS OF WAQF FUND DEVELOPMENT THROUGH SHARIA SUKUK INVESTMENT: A PERSPECTIVE FROM INDONESIAN WAQF AND INVESTMENT LAW Sahbudi; O.K. Isnainul; Shanti Mayasari Aritonang
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Waqf is an instrument within the Sharia financial system that holds significant potential for fostering the economic empowerment of the Muslim community. However, the implementation of cash waqf in Indonesia has not yet matched its actual potential. In response to this situation, the Cash Waqf Linked Sukuk (CWLS) scheme emerged as an innovation in waqf fund management through investment in Sharia-compliant sukuk instruments. Under this mechanism, cash waqf funds are safely invested in State Sharia Securities (SBSN), and the investment returns are channeled to fund social programs. This study employs a normative legal research approach utilizing qualitative data analysis. Primary data were obtained from legal sources such as legislation and fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), while supporting data were derived from legal literature reviews, official institutional reports, and scholarly articles. The collected data were analyzed and presented using a descriptive-analytical method to understand the interplay between waqf law and investment law in Indonesia. The findings indicate that CWLS represents an integration of Islamic philanthropy concepts with Sharia capital market mechanisms. Although a sufficient legal foundation exists, there are gaps in technical regulations—specifically regarding the legal status of the nazhir(waqf manager) in the context of investment fund management. Such ambiguity could give rise to legal risks and hinder the development of productive waqf. Therefore, regulatory synchronization and institutional strengthening are essential to ensure that waqf management via sukuk is conducted transparently, responsibly, and in accordance with Sharia principles.
Co-Authors Akiruddn Ahmad O.K. Isnainul Sahbudi Zuhri Arif