Seftia Azrianti
Universitas Riau Kepulauan Batam

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Legal Protection for Workers in Balancing Investment Interests Following the Enactment of the Job Creation Law: A Justice as Fairness Perspective Pristika Handayani; Seftia Azrianti; Putri Dwi Yulisa; Reivo Ibanes
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.978

Abstract

his study examines the legal protection of workers in balancing investment interests following the enactment of Law Number 6 of 2023 concerning Job Creation through the perspective of Rawls' Theory of Justice as Fairness. The reform seeks to improve investment competitiveness by increasing labour market flexibility but has also generated concerns regarding the weakening of workers' legal protection, particularly in relation to fixed-term employment agreements (PKWT) and outsourcing. This study employs a normative legal research method using statutory, conceptual, and philosophical approaches. Legal materials were collected through library research and analysed using qualitative descriptive analysis and deductive legal reasoning. Unlike previous normative legal studies, this research develops an integrated analytical framework by combining Rawls' Theory of Justice, Hadjon's Theory of Legal Protection, and Welfare State Theory to evaluate whether labour market flexibility remains consistent with constitutional commitments to workers' protection and distributive justice. The findings indicate that although the current regulatory framework continues to recognize workers' normative rights, the expansion of labour market flexibility has reduced employment security, weakened workers' bargaining position, and shifted the orientation of labour law from social protection toward economic facilitation. From the perspective of Rawls' Difference Principle, this study finds that labour market flexibility cannot be normatively justified unless its economic benefits are accompanied by stronger legal protection and improved welfare for workers as the least advantaged group. Accordingly, this study proposes a justice-based reconstruction model that strengthens employment security, proportionately regulates flexible employment arrangements, reinforces social protection, and incorporates a substantive justice test into future labour policymaking. The proposed framework contributes a multidimensional normative model for balancing investment competitiveness with constitutional obligations to protect workers and promote social justice.