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All Journal LAW REFORM Badamai Law Journal WAJAH HUKUM Legal Standing : Jurnal Ilmu Hukum Unes Law Review JURNAL ILMIAH ADVOKASI Legal Spirit Jurnal Ilmiah Wahana Pendidikan Devotion: Journal of Research and Community Service JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Hukum Mimbar Justitia
Santoso, Imam Budi
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LEGAL PROTECTION OF WORKERS/LABORERS FROM TERMINATION OF EMPLOYMENT DUE THE COVID-19 PANDEMIC AS A FORCE MAJEURE IN ORDER TO BUILD LEGAL CERTAINTY Kurnia, Asep; Santoso, Imam Budi; Singadimeja, Holynes
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6077

Abstract

The Covid-19 incident, many companies in Indonesia have difficulty in carrying out their activities. One of the impacts is the cessation of company activities and laying off employees. This means that many workers or laborers lose their jobs due to situations beyond the control of the company, such as this pandemic. Force majeure is an event or incident beyond human control that can affect business continuity. The purpose of this study is to analyze how legal protection for workers/laborers due to Termination of Employment on the grounds of Covid 19 as force majeure can be applied in the Karawang industrial area. This study uses the approach method. Legislation, where researchers analyze and interpret various laws that are relevant to the topic and object being studied. The results of the study show that the implementation of Termination of Employment by force majeure cannot be carried out arbitrarily, companies must maintain and make maximum efforts not to carry out Termination of Employment before finally deciding to take the route of Termination of Employment for workers/laborers. This is used as the meaning and form of legal protection carried out by the company towards employees.Keywords: Labor; COVID-19; Legal Protection; Work termination
LEGAL PROTECTION OF OUTSOURCING WORKERS AGAINST EMPLOYERS' ARBITRARY ACTIONS IN TERMINATION OF EMPLOYMENT RELATIONSHIPS IN INDONESIA BASED ON THE JOB CREATION LAW Lestari, Rr. Winarti Pudji; Santoso, Imam Budi; Setiady, Tri
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6078

Abstract

Currently business competition is getting tighter, many companies are choosing to implement an outsourcing system because this system is felt to be more effective. In the outsourcing system, it is easier for employers to terminate employment relationships (PHK), so this outsourcing system cannot provide job security for workers. In fact, guarantees to work and earn a decent living are the constitutional rights of every citizen. The state has regulated the protection of workers' rights and guaranteed continuity of work in the Job Creation Law through the TUPE concept. However, these regulations have not been equipped with clearer regulations so they are still difficult to implement. The aim of this research is to examine and understand the legal protection for outsourcing workers from arbitrariness by employers in the implementation of layoffs and to examine and analyze the principles of outsourcing so that there is no arbitrariness by employers in the implementation of layoffs. This research uses a normative juridical approach, namely an approach carried out on the basis of the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The author also uses a comparative legal approach method, namely comparing law in different countries as a system (law is seen as a system), so that based on the differences, researchers are able to provide conclusions regarding a legal issue. The outsourcing system in Indonesia currently does not reflect justice for outsourcers. There needs to be legal reform so that worker protection can be improved without leaving the flexibility of the outsourcing system behind. From this research, the author was able to find a prospective concept for developing better outsourcing regulations. Keywords:  Legal Protection; Outsourcing; Arbitrariness; Termination of Employment.
Legal Regulations for Anticipating Artificial Intelligence-Based Workers through Institutional Transformation of Job Training and the Human Resources Revolution Santoso, Imam Budi; Triyunarti, Wiwin; Farhani, Athari; Azizah, Faiqah Nur; Suherman, Ade Maman
Devotion : Journal of Research and Community Service Vol. 5 No. 6 (2024): Devotion: Journal of Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i6.743

Abstract

The rapid development of artificial intelligence (AI) technology has brought great changes to the lives of mankind. The emergence of AI as part of the rapid evolution of digitas technology has led to major changes in the world's lives. This research examines the impact of AI digitalization on Indonesia's workforce and the role of regulation in mitigating negative impacts. It emphasizes the need for holistic evaluation of labor law and modernization of professional job training programs. The research results show that the use of AI in Indonesia is increasing in various sectors, including the employment sector. Moreover, data privacy protection is still inadequate to ensure data protection and privacy of AI technology users. Therefore, it is necessary to update and add regulations that regulate comprehensively, covering data protection, algorithm transparency, occupational safety and health, elimination and specific retraining related to AI, and labor rights relevant to technological developments. It is also necessary to implement new regulations that provide legal protection for the application of AI can minimize the occurrence of cybercrimes on customer data.
An Analysis of the Synchronization Between the Military Penal Code and Law Number 1 of 2023 on the Indonesian Criminal Code in the Sentencing System Hadi, Agustinus Purnomo; Ridwan, Ridwan; Taun, Taun; Santoso, Imam Budi; Hambali, Hambali
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.71914

Abstract

The enactment of Law Number 1 of 2023 concerning the new Indonesian Criminal Code (KUHP), which replaces the colonial-era Criminal Code, necessitates synchronization and reform of the Indonesian Military Criminal Code. This reform must be examined through the lens of sentencing theories that underpin the vision of the new KUHP. The research aims to identify whether military criminal law aligns with Law Number 1 of 2023, while analyzing and elaborating the required reforms of the military criminal sentencing system. This study employs normative legal research with a global approach as conceptualized by Mulyadi, enabling a clear and comprehensive assessment of sentencing aspects that require synchronization and reform. Findings reveal that the military criminal sentencing system must shift its orientation from retributive to restorative justice. Additionally, reforms are required in several areas, including the focus of sentencing objectives, sentencing guidelines, the scope of additional punishments, and their implementation. The reform of the military criminal code is expected to impact the overall military justice system in Indonesia. In conclusion, synchronization and reform of the sentencing system are necessary to ensure harmonization between lex specialis and lex generalis, thereby preventing overlaps in principles and systems.
Co-Authors Ade Maman Suherman Agusmidah Agusmidah Anita Rahman Ansari, Teuku Syahrul Arafat, Muhammad Rusli Astawa, I Ketut Azizah, Faiqah Nur Damiri, Damiri Effendi, Ria Regger Farhani, Athari Hadi, Agustinus Purnomo Hambali Hambali Ibrahim Ibrahim Khakim, Abdul Kurnia, Asep Lestari, Anita Dwi Lestari, Rr. Winarti Pudji Mubina, Rohendra Fatham Muhamad Abas Nabila, Jihan Sulistia Nopianti, Wike nur rizki, Raden achmad Rahmatullah Rahmatullah Ridwan, Ridwan Singadimeja, Holynes Suryanto, Tri Taun, Taun Tinambunan, Wahyu Donri Tri Setiady, Tri Triyunarti, Wiwin