Moh. Imam Gusthomi
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia

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Reforming Legal Safeguards for Unpaid Internships in Indonesia’s Creative Industry Tri Sulistiyono; Yos Johan Utama; Nabitatus Sa’adah; Moh. Imam Gusthomi; Sabina Syaharani Nurseha
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.34473

Abstract

This article examines the imperative for legal reform of the unpaid internship regulation in Indonesia’s creative industry through a normative-juridical methodology grounded in three complementary legal theories: Legal Protection Theory (Philipus M. Hadjon), Justice Theory (John Rawls), and Legal Effectiveness Theory (Soerjono Soekanto). The study identifies a structural conflict of norms between the constitutional guarantee of the right to work under Article 28D (2) of the 1945 Constitution and the minimalistic, unenforceable provisions of Minister of Manpower Regulation No. 6 of 2020 on Domestic Internships. Doctrinal analysis reveals that the existing regulatory architecture fails to provide the preventive and repressive legal protection required by Hadjon’s framework, fails to satisfy the demands of Rawlsian distributive justice, and fails across all five determinant factors of Soekanto’s legal effectiveness theory. These normative deficiencies are further situated within a global comparative framework encompassing legal regimes in the European Union, France, Australia, Japan, and Malaysia, with particular attention to the conditions under which foreign regulatory models may be transplanted into Indonesia’s civil law system. The article concludes with proposed draft amendments to Permenaker No. 6/2020, incorporating a mandatory minimum stipend tied to the Municipal Minimum Wage, capped working hours for interns, compulsory social security enrollment, a graduated administrative and criminal sanctions regime for violations, and the establishment of an independent internship oversight authority modeled on Australia’s Fair Work Ombudsman.
Judicial Gatekeeping in Electoral Justice: The Constitutional Court’s Dismissal Procedure in Indonesian Regional Election Disputes Simplexius Asa; Marlyani Anita Seran; Moh. Imam Gusthomi; Abu Bakar Munir
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i3.49871

Abstract

Electoral dispute resolution has become a critical pillar for safeguarding democratic legitimacy in Indonesia, particularly as regional head elections have led to an increasing number of legal disputes. In the 2024–2025 electoral cycle alone, the Constitutional Court registered 309 lawsuits against regional election results, but only a small fraction made it past the dismissal stage. Although normatively justified as a means of ensuring efficiency under strict constitutional deadlines, the dismissal procedure has evolved into a decisive gatekeeping function whose application significantly shapes access to constitutional justice. However, concerns are growing about inconsistencies in judicial reasoning, disparities between similar cases, and the potential erosion of legal certainty, particularly evident in conflicting rulings in disputes such as Boven Digoel and Belu. This study critically examines the philosophical–juridical basis and practical implementation of the dismissal procedure in electoral adjudication in Indonesia. Drawing on doctrinal analysis and empirical examination of selected cases, this study investigates whether the mechanism fulfills its normative purpose while maintaining justice, certainty, and equality before the law. The findings reveal structural tensions between procedural efficiency and substantive justice, highlighting how the exercise of judicial discretion at the dismissal stage can both enable and limit electoral accountability. The study contributes to constitutional scholarship by reframing dismissal as a judicial gatekeeping doctrine and offering analytical criteria, such as doctrinal predictability, procedural transparency, and access optimization for assessing coherence and transparency in screening practices. Building on these criteria, the study proposes concrete measures for legal reform: standardized, publicly reasoned dismissal templates; inter-panel doctrinal harmonization guidelines; and a state-supported legal aid scheme for petitioners from resource-limited regions, offering the Constitutional Court, lawmakers, and election administrators an actionable roadmap for strengthening procedural safeguards, enhancing public trust, and promoting more consistent standards in electoral dispute resolution.