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Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? Palguna, I Dewa Gede; Nurjanah, Ita; Padmawati, Ni Komang Tari; Dananjaya, I Komang; Halmadiningrat, I Made
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.66507

Abstract

This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation in lieu of Job Creation Law. Using the normative legal research method, the authors used statutory, case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court aims to uphold the balance of companies’ efficiency and outsourced workers’ rights protection. The findings are evidenced by the Constitutional Court’s stance in a decision that implies that outsourcing is constitutional to enhance the State’s economy while simultaneously protecting the outsourced workers’ rights to ensure the fulfillment of their constitutional rights by setting two-fold models of protection. Therefore, even if new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve determining whether such balance has been sufficiently met.
AUKUS-RI: The Answer for Indonesia’s Future Maritime Challenges Over the North Natuna Sea? Nurjanah, Ita; Silaen, Christo Ariel Mario
Jurnal Lemhannas RI Vol 12 No 3 (2024)
Publisher : Lembaga Ketahanan Nasional Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55960/jlri.v12i3.910

Abstract

Purpose: This study explores Indonesia's maritime security challenges in the North Natuna Sea (NNS) amid rising tensions in the South China Sea, driven by major power rivalries, particularly China's assertiveness and the implications of the AUKUS trilateral security pact. Study Design/Methodology/Approach: The research employs a literature review and meta-analysis to synthesise existing studies on Indonesia’s defence policy and maritime strategy, offering a comprehensive examination of the nation’s strategic responses to external pressures. Findings: The findings reveal that Indonesia faces critical challenges in safeguarding its sovereignty over its Exclusive Economic Zone (EEZ) due to China’s aggressive territorial claims and military activities. Additionally, the emergence of AUKUS has encouraged Indonesia to reassess its security posture, indicating a potential pivot towards deeper defence cooperation with Western allies and modernising its military capabilities. Originality/Value: This research contributes to the discourse on maritime security in Southeast Asia by addressing Indonesia's strategic options and examining the potential significance of an AUKUS-Republic of Indonesia partnership (AUKUSRI). It underscores the importance of adaptive measures to navigate an increasingly complex geopolitical landscape.
Safeguarding Maritime Critical Infrastructure: Indonesia’s Defense Diplomacy in the Indo-Pacific Security Architecture under the Joko Widodo Administration (2014–2024) Nurjanah, Ita; Perwita, Anak Agung Banyu; Hendarwoto, Yermia
Asian Journal of Science, Technology, Engineering, and Art Vol 3 No 5 (2025): Asian Journal of Science, Technology, Engineering, and Art
Publisher : Darul Yasin Al Sys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ajstea.v3i5.7607

Abstract

Maritime critical infrastructure (MCI)—comprising undersea data cables, energy pipelines, ports, and shipping lanes—is essential to sustaining global economic stability and digital connectivity. This is particularly critical in Southeast Asia, a region marked by dense maritime traffic and rising geopolitical tensions, including hybrid threats. As the largest archipelagic state in the region, Indonesia plays a pivotal role in safeguarding the security and resilience of these infrastructures. This study analyzes Indonesia’s defense diplomacy in protecting MCI within the broader Indo-Pacific security architecture during the administration of President Joko Widodo (2014–2024). Anchored in Barry Buzan’s Regional Security Complex Theory (RSCT), alongside the concepts of hedging and defense diplomacy, the research employs a qualitative descriptive method to examine Indonesia’s strategic positioning. Findings indicate that Indonesia’s approach emphasizes diplomatic engagement, regional institutional cooperation, and strategic autonomy—enabling it to enhance infrastructure resilience while preserving neutrality amid intensifying U.S.–China rivalry. Key enablers include the adoption of technological innovation, improved inter-agency coordination, and multilateral defense partnerships. The study concludes that Indonesia’s defense diplomacy not only contributes to national infrastructure protection but also reinforces the stability of the Indo-Pacific maritime order.