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All Journal Law Research Review Quarterly
Ratih Damayanti Damayanti
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Education Law, Crime, Criminology & Criminal Justice

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The Paradox of the Respectful Workplace Policy Due to Normative Multi-Interpretation from the Perspective of Labor Protection Law: A Study on a Business Unit of a BUMN (State-Owned Enterprise) in the Commercial & Trading Sector Alfi Zayyan Al Maksumiyyah; Ratih Damayanti Damayanti
Law Research Review Quarterly Vol. 12 No. 3 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.44648

Abstract

The Respectful Workplace Policy (RWP) is an internal corporate norm designed to create a safe and inclusive work environment free from discrimination, violence, and harassment, while also supporting the implementation of good corporate governance. Within State-Owned Enterprises (SOEs), the RWP carries particular significance due to its connection to public interests and heightened demands for legal certainty. However, the formulation of the RWP relies on open-ended phrases without objective indicators, which potentially generates normative ambiguity in employment relations. This study aims to analyze the quality of the normative formulation of the RWP, identify patterns of normative ambiguity in workplace practice, and examine its implications for legal certainty and worker protection within SOEs. The research employs an empirical juridical approach by combining normative analysis of labor regulations and RWP documents with semi-structured interviews and observations involving workers across hierarchical levels in a Commercial & Trading business unit of an SOE. The findings reveal that the RWP is not operationally formulated due to the absence of clear behavioral boundaries, violation thresholds, and assessment parameters, resulting in systemic and vertical normative ambiguity. This condition undermines legal certainty and encourages excessive self-restraint (self-censorship) in workplace interactions.     KEYWORDS  Respectful Workplace Policy; internal norms; normative ambiguity; lex certa; legal certainty; worker protection
Employment Law in the Digital Age in Regulating Freelance and Remote Workers Through a Comparative Review of Indonesia and Germany Adinda Intan Cahyani; Ratih Damayanti Damayanti
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i1.45454

Abstract

The reality of employment relationships in Indonesia today far exceeds what is written in labor laws. The emergence of freelance and remote work trends due to digital technology has collided with laws that still rely on formal recognition. The research method used was normative legal research with a regulatory and comparative law approach. The results of the study point to the weak legal protection for freelance and remote workers, including wages, social security, occupational safety and health, and access to dispute resolution mechanisms. In comparison, German law has implemented an adaptive substantive approach. Employment status is assessed based on factual realities and economic dependence, even recognizing the category of quasi-independent workers (arbeitnehmerähnliche Personen) who receive legal protection. Through this comparison, a protection model based on the reality of employment relationships is more relevant to the current shifts in the world of work. On that basis, Indonesia needs to overhaul its labor law policies. By selectively absorbing German legal principles, Indonesia can build a stronger protective barrier for freelance and remote workers amid rapid digitalization.
Co-Authors Adinda Intan Cahyani Alfi Zayyan Al Maksumiyyah