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All Journal Jurnal Daulat Hukum Jurnal Ilmiah Hukum LEGALITY Substantive Justice International Journal of Law Literasi Hukum MIZAN, Jurnal Ilmu Hukum Journal of Transcendental Law Jurnal Jurisprudence
Siti Zuliyah
Faklutas Hukum, Universitas Ahmad Dahlan
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Ilmiah Hukum LEGALITY

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A comparative assessment of digital platform worker protection in the EU and ASEAN Nur, Muhammad; Asmorojati, Anom Wahyu; Megawati, Megawati; Zuliyah, Siti; Isdiyanto, Ilham Yuli
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.29823

Abstract

The rapid rise of the digital platform economy, connecting workers with employers, has transformed labor markets globally. This paper explores the regulatory approaches and policies safeguarding digital platform workers in the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). While the EU demonstrates comprehensive labor protections, ASEAN's diverse economies present a tapestry of approaches. This analysis aims to provide valuable insights for policymakers, scholars, and stakeholders, shedding light on the evolving landscape of labor rights and the future of work in the digital age. This study uses a comparative research design to assess digital platform worker protection in the EU and ASEAN, highlighting differences, similarities, and emerging trends. It involves reviewing official documents and legislative texts from both regions to identify relevant policies and initiatives. This paper found that "digital labor" extends beyond the vast digital landscape, impacting various activities and transforming traditional tasks into digital processes managed by algorithms and automation. Platform workers in regions like the EU and ASEAN face challenges, including extended unpaid waiting times, lack of social security access, unpredictable earnings, and the downside of flexibility. The EU addresses these issues through comprehensive legislative efforts, emphasizing transparency, algorithmic oversight, and clear employment status definitions. In contrast, ASEAN's structure, based on consensus and voluntary cooperation, poses challenges. A binding regional agreement is challenging due to diverse socio-economic and cultural landscapes. Therefore, a non-binding declaration, supported by comprehensive guidelines, may offer a more practical approach. This declaration, symbolizing collective commitment, along with guidelines on best practices, could guide member states in tailoring their national policies to protect platform workers better.
Inconsistency in freedom of contract for banking dispute resolution in Indonesia Suryadi, Suryadi; Marwa, Muhammad Habibi Miftakhul; Muhammadi, Fauzan; Zuliyah, Siti; Megawati , Megawati
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.33121

Abstract

This research interprets the manner and existence of contradictions in POJK No. 61/POJK.07/2020's declaration regarding the freedom of contract while choosing banking dispute resolution forums. Primary and secondary legal materials comprise most of the secondary data in this normative legal study. The information was gathered from the literature and examined using analytical and interpretive methods. The study's findings emphasised how Indonesian banking dispute resolution forums are chosen inconsistently with the idea of freedom of contract. The findings demonstrated the necessity of legal harmony in rulemaking to guarantee the coherence and consistency of all legal principles underlying different laws. This article argues that legal harmony is essential for aligning various legal concepts across diverse regulations and significantly contributes to the identification of the policy's inconsistency, which restricts the ability to choose a banking dispute settlement venue without restriction. The findings of this study may provide the basis for more research on how the policy affects banks and their clients. The findings could also be used as a reference for policymakers to improve the current policy and to ensure that the principle of freedom of contract is preserved in banking dispute resolution. Overall, this research provides valuable insights into the current policy and its impact on the banking industry in Indonesia.
Co-Authors Anom Wahyu Asmorojati Dewi, Riza Kusuma Pramastya Febriani, Hanifah Fithriatus Shalihah Ilham Yuli Isdiyanto Marwa, Muhammad Habibi Miftakhul Megawati , Megawati Megawati - Muhammad Nur Muhammadi, Fauzan Putri, Uni Tsulasi Spaltani, Bita Gadsia Suryadi Suryadi Triwahyuningsih, Triwahyuningsih Triwahyuningsih, Triwahyuningsih Zulfiani Ayu Astutik