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Ensuring Justice in the Trend of Remote Working: Legal Challenges and Implications for Companies and Workers Weny Almoravid Dungga; Ahmad Ahmad; Karem Aboelazm Karem Aboelazm; Dewi Mulyanti Dewi Mulyanti; Novendri M. Nggilu Novendri M. Nggilu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1721

Abstract

This study examines the legal challenges of remote working in Indonesia, aiming to inform comprehensive, justice-based employment policies. Employing a normative juridical method with statutory, conceptual, and case-based approaches, including analysis of Indonesian court decisions, the research reveals that remote work faces structural injustice due to regulatory gaps. The Ma power Law (Law No. 13/2003) and Job Creation Law (Law No. 11/2020 jo. Law No. 6/2023) lack specific remote work provisions, while foundational Civil Code (Burgerlijk Wetboek/BW) principles governing employment contracts remain underutilized. This regulatory vacuum generates legal uncertainty that disproportionately affects vulnerable workers. Persistent gaps concern working hours, overtime, occupational health and safety, data protection, monitoring, employment agreements, social security, and cross-border taxation, leaving weak and unilateral corporate policies as the de facto framework. Comparative analysis of Russia, Spain, Turkey, and the Netherlands confirms that comprehensive legislation is both feasible and necessary. Grounded in justice theory, this study argues that regulating of remote work goes beyond administrative technicalities and forms part of the protection of fundamental constitutional rights. Consequently, Indonesia must enact dedicated legislation establishing minimum standards to ensure equitable protection, dignity, equality, and legal certainty for all workers in the digital era..
Reconstructing Alternative Dispute Resolution for Land Disputes Based on Local Wisdom in the Coastal Area of Tomini Bay Fence M. Wantu; Weny Almoravid Dunga; Yassine Chami; Ahmad Ahmad; Muhammad Mukhtar
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.18287

Abstract

Alternative Dispute Resolution (ADR) has long been recognized as an effective mechanism for resolving land disputes in Indonesia due to its emphasis on consensus and social harmony. However, the increasing reliance on formal legal procedures has marginalized local wisdom-based dispute resolution practices, particularly in coastal communities. Despite extensive studies on ADR, limited research has examined the integration of local wisdom into land dispute resolution in regions such as Tomini Bay. This study aims to reconstruct ADR mechanisms by incorporating local wisdom in resolving land disputes in the coastal area of Tomini Bay. It employs a normative legal approach, combining empirical data with analysis of statutory regulations, legal doctrines, and field data, using qualitative methods. The findings indicate that local wisdom-based mechanisms, particularly deliberation (musyawarah) and consensus (mufakat), remain effective in resolving disputes and maintaining social cohesion, yet are not fully integrated into the formal legal system. Therefore, this study argues that ADR should be reconstructed by integrating local wisdom and living law into Indonesia’s legal framework to ensure more culturally responsive and sustainable dispute resolution.
Implikasi Pelanggaran Kewenangan Hak Angket DPR Terhadap KPU: Studi Kasus Pada Pemilu Tahun 2024 Zunaid Potutu; Erman I. Rahim; Ahmad Ahmad
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.5958

Abstract

The House of Representatives’ (DPR) right of inquiry is a constitutional oversight instrument provided for in Article 20A(2) of the 1945 Constitution of the Republic of Indonesia. However, in the context of the 2024 General Election, the exercise of the right of inquiry against the General Election Commission (KPU) raises legal and democratic issues regarding the limits of authority and the legitimacy of its use. This study aims to analyze the implications of violations of the legitimacy of the DPR’s right of inquiry on the independence of the KPU and the integrity of the democratic process. The research method employed is normative legal research using a legislative, conceptual, and Constitutional Court decision-based approach. The results indicate that the exercise of the right of inquiry that is disproportionate, politically motivated, or fails to meet formal and material requirements has the potential to undermine the KPU’s independence, erode public trust in election results, and trigger conflicts of authority among state institutions. This study affirms that the DPR’s right of inquiry does not have the authority to annul election results, as that authority resides with the Constitutional Court. Therefore, the exercise of the right of inquiry must be conducted objectively and constitutionally to safeguard the continuity of democracy.
Analysis of the Impact of Property and Land Tax Abolition on Regional Revenue in Indonesia Aditiya Aditiya; Ahmad Ahmad
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.32925

Abstract

Proposals to abolish the Rural and Urban Land and Building Tax (Pajak Bumi dan Bangunan Perdesaan dan Perkotaan or PBB-P2) have entered Indonesian fiscal debate as a measure of tax relief, yet their legal consequences for regional own-source revenue (Pendapatan Asli Daerah or PAD) remain largely unexamined. Existing scholarship documents PBB-P2 collection performance and its contribution to PAD, but does not address what legal instruments abolition would require or how the forgone revenue could be replaced. This study asks three questions: what constitutional and statutory position PBB-P2 occupies within the regional fiscal framework; what legal consequences abolition would produce for regional autonomy and public service obligations; and what instruments could compensate for the loss. Using doctrinal legal research with statutory and conceptual approaches, the study analyses Article 23A and Article 18A(2) of the 1945 Constitution, Law No. 1 of 2022 on Financial Relations between Central and Regional Government, and the regional financial management framework. It argues that abolition would require statutory amendment rather than administrative action, would narrow the constitutional commitment to fiscal decentralisation, and would displace a statutory relief mechanism already available. Targeted exemption is proposed as the proportionate alternative.
Analysis of Abuse of Authority by Government Apparatus in the State Administrative Legal System Ahmad Ahmad
International Journal of Constitutional and Administrative Law Vol. 1 No. 1 (2025)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/v2wdah74

Abstract

Abuse of authority by government officials is one of the crucial problems in the Indonesian state administrative legal system that can cause great losses to the state and society. This research aims to analyze the concept, form, and handling of abuse of authority from the perspective of state administrative law. Through a normative juridical approach, this study examines relevant laws and regulations, doctrines, and case studies. The results of the analysis show that abuse of authority occurs when government officials use their power not in accordance with the goals set by the law, either by exceeding the limits of authority, mixing authority, or acting arbitrarily. Law enforcement against abuse of authority is regulated in the Government Administration Law and is the authority of the State Administrative Court (PTUN). However, its implementation still faces various obstacles, such as weak supervision, overlapping regulations, and political intervention. For this reason, it is necessary to strengthen regulations, protect whistleblowers, and apply good governance principles in order to create clean, transparent, and accountable governance. This research emphasizes the importance of the commitment of all elements of government in preventing and cracking down on abuse of authority in order to realize an effective and reliable government.
Analysis of Legal Protection of Human Rights in the Context of State Administrative Law Ahmad Ahmad; Kevin Rivera
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/ac6z6f55

Abstract

This paper examines in detail the legal protection of human rights (HAM) in the context of State Administrative Law in Indonesia. Through a normative approach - the conceptual journal examines human rights from the historical side to the Juridical aspect. In this context, legal protection is not only preventive through regulations, but also repressive through the mechanism of human rights justice and the Supervision of independent institutions such as the National Commission on Human Rights and the Constitutional Court. This study also highlighted the strategic role of the State Administrative Agency in ensuring human rights through public services oriented to the principle of welfare state. In reality, the challenges of human rights protection still include violence, discrimination and especially abuse of authority, which requires comprehensive legal affirmation. Therefore, this journal recommends strengthening the capacity of bureaucracy as well as responsive law enforcement as the main guard in ensuring human rights protection in the context of democratic and just rule of State Administration Law.