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Journal : international journal of cultural and social science

JURIDICAL ANALYSIS OF DIPLOMA RETENTION AGREEMENT AS A CONDITION OF WORKING IN THE COMPANY Sulistiani; Astuti, Mirsa; Pohan, Masitah
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1290

Abstract

The practice of companies withholding diplomas as a condition of employment is an employment law issue that reflects the unequal position between employers and workers and the weak protection of workers' rights. Although this practice is not explicitly regulated in employment law, it has the potential to go against the principles of freedom of contract, fair employment relations, and human rights. This study aims to analyze the form of legal protection for workers, and the government's responsibility in preventing and combating this practice. Through normative legal research, it was concluded that the detention of diplomas could violate the constitutional rights of workers, potentially making the agreement invalid. Legal protection can be provided in a preventive and repressive manner, based on national law and international human rights instruments. The government's responsibility is strengthened through supervision, mediation, and the issuance of the Circular Letter of the Minister of Manpower No. M/5/HK.04.00/V/2025. Nevertheless, stronger laws and regulations are needed to ensure legal certainty and the effectiveness of legal protection for employees
ANALYSIS OF LAND OWNERSHIP RESTRICTIONS FOR FOREIGNERS ACCORDING TO INDONESIAN LAW AND THAILAND LAW Athaya, Syarifah Khaira; Astuti, Mirsa
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1317

Abstract

Land is a strategic resource closely linked to state sovereignty, public welfare, and economic stability. In the context of globalization and increasing foreign investment, Southeast Asian countries face the challenge of opening their property markets without undermining national interests. This study aims to analyze restrictions on foreign land ownership under Indonesian and Thai law and to compare the legal approaches of both countries. This research applies a normative legal method using statutory and comparative approaches. The findings indicate that Indonesia allows limited foreign access through use rights and condominium ownership, whereas Thailand maintains a stricter prohibition on direct land ownership by foreigners, allowing only narrow exceptions. Both countries seek to protect national land sovereignty but differ in their level of openness to foreign property investment.