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All Journal Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Deni Yusup Permana
Swadaya Gunung Jati University, West Java
Humanities Law, Crime, Criminology & Criminal Justice

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JURIDICAL ANALYSIS OF THE LEGAL FRAMEWORK ON SAFE COMMUTING PROVIDED BY COMPANIES FOR FEMALE WORKERS AT NIGHT Uba Dawam Mubarok; Deni Yusup Permana
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12256

Abstract

This research is motivated by the limited legal arrangements regarding companies' obligation to ensure safe commuting for women who work at night. Legally, Article 76 of Law Number 13 of 2003 concerning Manpower specifically regulates the provision for female workers. The main problem is the time limitation in Article 76 paragraph (4) of Law Number 13 of 2003 concerning Manpower, which only requires the provision of shuttle transportation at 23:00 – 05:00, thus creating a legal gap in practice. This study aims to analyze the legal framework governing the company's obligations to provide safe commuting and to examine the legal remedies available if these obligations are not met. The research method used is normative juridical, employing legislative, conceptual, and case approaches, and is analyzed descriptively and analytically. The results of the study show that regulations related to safe commuting already exist in principle but remain limited, leaving opportunities for companies to avoid legal obligations. In addition, legal remedies are more preventive and corrective, through internal company policies, labor supervision, and human rights approaches. The conclusions of this study show a gap between formal compliance and substantive protection for women workers. Therefore, it is recommended to review regulations, strengthen internal policies, and increase supervision to ensure optimal protection.
JURIDICAL REVIEW OF WASTE MANAGEMENT BY THE VILLAGE GOVERNMENT BASED ON THE CIREBON REGENCY REGULATION Safina Ni'mah Azzahra; Deni Yusup Permana
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12355

Abstract

This study aims to analyze the implementation of the village government's obligations in waste management under Cirebon Regency Regional Regulation Number 5 of 2022, particularly Article 8, as well as the juridical implications of the unfulfilled facilities at the TPS in Ki Warga Gegesik Kidul Village. The method used is normative juridical with secondary (supportive) data. The results of the study show that the implementation of the village government's obligations has not been optimal, characterized by limited facilities and infrastructure as well as the accumulation of waste. Juridically, this indicates that legal obligations have not been fulfilled. In addition, the provisions of Article 8 that remain general indicate normative weaknesses that contribute to an lack of certainty and effectiveness of the law. Thus, clearer and operational arrangements and adequate facility support are needed so that waste management can run effectively and sustainably.
LEGAL CERTAINTY AND EMPLOYER LIABILITY FOR OCCUPATIONAL HEALTH AND SAFETY (OHS) THROUGH PPE IN THE RICE MILLING INDUSTRY Rafa Rizqullah; Deni Yusup Permana
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12367

Abstract

Occupational Safety and Health (OSH) protection constitutes a fundamental right of workers and a legal obligation of employers as guaranteed under Indonesian labor law. One of the primary forms of such protection is the provision of Personal Protective Equipment (PPE), which functions to minimize the risk of occupational accidents and work-related diseases. This study aims to analyze the normative regulation of employers' obligations to provide PPE for workers in the rice milling industry and to examine the legal liability of employers who fail to fulfill such obligations. This research employs a normative legal research method, drawing on statutory, conceptual, and descriptive-analytical approaches. The legal materials consist of primary legal sources, such as legislation, and secondary legal sources, including books, scientific journals, and expert opinions. The findings indicate that the obligation to provide PPE has been regulated hierarchically and comprehensively through the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1970 concerning Occupational Safety, Law Number 13 of 2003 concerning Manpower, Government Regulation Number 50 of 2012 concerning Occupational Safety and Health Management Systems, and Minister of Manpower Regulation Number PER.08/MEN/VII/2010 concerning PPE. From the perspective of legal certainty theory, these regulations provide clear guidance regarding workers' rights and employers' obligations. Nevertheless, normative weaknesses remain in the sanctioning mechanism, particularly because sanctions are no longer proportional to contemporary labor conditions. Employers who fail to provide PPE may be held administratively, civilly, and criminally liable under applicable laws and regulations.
LEGAL PROTECTION OF BARISTA WAGES AND SOCIAL SECURITY AT CIREBON COFFEE SHOP Arie Purnomo; Deni Yusup Permana
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12616

Abstract

Background. The rapid growth of coffee shops in Cirebon has increased the demand for baristas, many of whom are employed as freelance daily workers under precarious employment arrangements. Despite their growing contribution to the service sector, these workers often experience inadequate legal protection regarding wages and employment social security. Aims. This study aims to analyze the implementation of legal protection for the wage and social security rights of freelance daily baristas in coffee shops in Cirebon under the framework of Law Number 6 of 2023 concerning Job Creation and related labor regulations. Methods. An empirical juridical approach was employed using qualitative methods. Primary data were collected through semi-structured interviews with officials from the Cirebon City Manpower Office, coffee shop managers, and freelance daily baristas, while secondary data were obtained from legislation, legal literature, and relevant scholarly publications. Result. The findings reveal that the implementation of labor protection remains inadequate. Many baristas work without written employment agreements, receive wages below the applicable regional minimum wage, and are excluded from the BPJS Employment social security program. Conclusion. These conditions are primarily attributed to limited employer compliance, insufficient awareness of labor rights among workers, financial constraints of small businesses, and weak governmental supervision. Consequently, a significant gap persists between statutory labor protections and their practical implementation. Implication. The study recommends strengthening labor inspections, expanding legal awareness programs, facilitating BPJS Employment registration for freelance workers, and promoting standardized written employment agreements to enhance legal certainty and social protection for freelance daily baristas in Indonesia's growing coffee shop industry.
Co-Authors Arie Purnomo Rafa Rizqullah Safina Ni'mah Azzahra Uba Dawam Mubarok