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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM Jurnal HAM
Hadi, Sahid
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Law, Crime, Criminology & Criminal Justice

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Hambatan Hukum untuk Penikmatan Hak atas Pekerjaan bagi Pekerja dengan Disabilitas Rohanawati, Ayunita Nur; Hadi, Sahid; Rahman, Taufiq
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.155-168

Abstract

This article focuses on the enjoyment of the right to work for workers with disabilities. This focus is driven by the fact that there are still many discriminatory practices for workers with disabilities in the workplace. This study identifies, for instance, a worker with sensory and physical disabilities that is assigned to a not accessible field of work. This assignment presents barriers faced by the worker and results in the termination of the worker’s employment. Based on this fact, this article addresses two research questions. What is the legal barrier to the enjoyment of the right to work for workers with disabilities? What adequate interventions should the state take to ensure equality and non-discrimination for workers with disabilities? This normative study answers these two questions by analyzing the norms of Law No. 13/2003 on Manpower with the component of legal barrier in the social model for disability. This study proves that the provision in the Manpower Law is categorized as a legal barrier to the enjoyment of the right to work for workers with disabilities. Therefore, this study encourages the state’s legislative function to complement the provisions of the Law with a substance that requires every employers to ensure that their business governance is inclusive and accessible to the diversity of workers with disabilities based on equal rights.
Neglecting Laws and Rights of Local Communities: A Human Rights-Based Approach Analysis of the Development of Indonesia’s New Capital City Marzuki, Suparman; Heryansyah, Despan; Hadi, Sahid
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.03

Abstract

It is reported that the development of Nusantara as Indonesia’s new capital city tends to be pragmatic and disregards the quality of its processes and outcomes. Such a development has reduced the public’s trust, mainly because of this project’s environmental loss, social-humanity problems, and economic challenges. By employing human rights-based approaches to development, this article discusses the implementation and policy issues of the development of Nusantara in more depth and detail based on the rights holders’ experiences living in the Nusantara and its neighbouring areas. The research reveals that the development of Nusantara, ranging from its planning and policy formulation to its implementation, clearly neglected applicable laws and regulations. It failed to respect the rights of local communities, including indigenous peoples who enjoy their livelihoods in Nusantara and its neighbouring areas. We argue that the lack of respect and protection of human rights in the development implementation is because the development policy of Nusantara is grounded in autocratic legalism, even if it is established in a democratic mechanism.
Making Human Rights Law Work in Dismissal Cases: Insights from the Martinus Masa Dorita v. PT Musim Mas Case Hadi, Sahid; Erlangga, Vania Lutfi Safira
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 2: MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss2.art8

Abstract

The nature of private law is strongly embedded in dismissal cases. For this reason, human rights standards are rarely applied in the settlement of such cases in court. However, the Martinus Masa Dorita v. PT Musim Mas case demonstrated a different practice. Particularly in the court of first instance, the judges explicitly considered human rights law, resulting in a judgment that contrasted with the parties’ claims. In spite of the fact that the Supreme Court annulled the decision of the court of first instance, the presence of human rights argumentation in the journey of the case remains important to explore. By analyzing judges’ reasoning in the court decisions for the case, this doctrinal legal research developed a legal methodology for the application of human rights standards in dismissal cases. We found that the judges have made human rights standards work by reinterpreting pre-existing employment law provisions that govern employee-employer relations using an impact-oriented reasoning method. This work contributes to a greater understanding of how judges can put human rights law to work when developing their reasoning for dismissal cases. Based on the case, human rights-based reasoning enables judges to provide vigorous protection of workers’ human rights and deliver substantive justice. We argue that human rights considerations enable courts to create equilibrium in unequal employee-employer relations.
Co-Authors Despan Heryansyah, Despan Erlangga, Vania Lutfi Safira Rohanawati, Ayunita Nur Suparman Marzuki, Suparman Taufiq Rahman