Irwan Sapta Putra
Universitas Bina Bangsa

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TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERKAIT TENAGA KERJA PEREMPUAN ATAS HAK CUTI HAID DALAM PERJANJIAN KERJA BERSAMA (PKB) DI PT. NIKOMAS GEMILANG BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Irwan Sapta Putra; Mohammad Hifni; Analisa BR Gurusinga
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.913

Abstract

Legal protection for the right to menstrual leave is part of the fulfillment of the normative rights of female workers guaranteed in Article 81 of Law Number 13 of 2003 concerning Manpower. Although normatively, this right has received legal recognition, its implementation in industrial relations still faces various obstacles, such as a productivity-oriented work culture, low legal awareness of workers, ineffective administrative procedures, and workers' concerns about performance appraisals when using the right to menstrual leave. These conditions indicate a gap between legal regulations and their implementation in practice, so that a legal study is needed regarding the regulation and protection of civil law for the implementation of the right to menstrual leave for female workers at PT Nikomas Gemilang. The formulation of the problem in this research includes: (1) how the regulation of menstrual leave rights for female workers in employment relations is reviewed based on Law Number 13 of 2003 concerning Employment and the principles of civil law in employment agreements; and (2) how is the civil law protection for female workers regarding the implementation of menstrual leave rights in employment relations between workers and employers at PT Nikomas Gemilang. This study employed an empirical legal research method with an empirical juridical approach. Data were obtained through a literature review of laws and regulations, books, and scientific articles, as well as field research through interviews with the Management of PSP-SPN PT Nikomas Gemilang as resource persons. All data were analyzed qualitatively using a descriptive-analytical approach to obtain an overview of the effectiveness of legal protection for the implementation of menstrual leave rights. The results of the study indicate that the regulation of menstrual leave rights has a strong legal basis based on Article 81 of Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 has been implemented in the Collective Labor Agreement (PKB) of PT Nikomas Gemilang as part of the reproductive rights of female workers. Viewed from a civil law perspective, these regulations reflect the application of the principle of freedom of contract limited by law, the principle of pacta sunt servanda, and the principle of good faith. However, the effectiveness of legal protection is still influenced by legal culture factors, implementation procedures, and the level of legal awareness of the parties. Therefore, it is necessary to strengthen implementation through simplification of procedures for implementing menstrual leave rights, increased supervision by companies and trade unions, and ongoing socialization regarding the reproductive rights of female workers to achieve legal certainty, justice, and benefits in industrial relations.
TINJAUAN YURIDIS TERHADAP PEMOTONGAN TUNJANGAN JABATAN SECARA SEPIHAK OLEH PERUSAHAAN PT LUHAI INDUSTRIAL BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 Irwan Sapta Putra; Mohammad Hifni; Lucki Hidayanto
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.914

Abstract

This study aims to analyze the juridical review of unilateral position allowance deductions based on Law Number 6 of 2023, examine the legality of the position allowance deduction policy implemented by PT Luhai Industrial, and analyze the company's efforts to resolve the resulting disputes. This study employed an empirical juridical method with a qualitative approach. Data were collected through interviews with the Human Resources Development (HRD) department, production supervisors, and affected employees, supported by a literature review of primary, secondary, and tertiary legal materials. The data were analyzed using qualitative juridical analysis through data classification, analysis based on statutory regulations, and deductive conclusion drawing. The findings indicate that PT Luhai Industrial implemented position allowance deductions due to operational adjustments and cost-efficiency measures based on management decisions. However, the policy was implemented without employees' consent and without amendments to the employment agreements, rendering it inconsistent with the provisions of Law Number 6 of 2023 and resulting in suboptimal legal protection of employees' normative rights. Furthermore, the company's dispute resolution efforts remained limited to internal communication and did not prioritize participatory negotiation mechanisms. Therefore, greater transparency, employee involvement in decision-making affecting their economic rights, and the optimization of bipartite negotiations are necessary to strengthen the resolution of industrial relations disputes.
TINJAUAN YURIDIS TENTANG PELAKSANAAN PERJANJIAN TANGGUNG JAWAB ANGGOTA KOPERASI DALAM MENGATASI KREDIT MACET (Studi Kasus PNM Mekaar Pasar Kemis, Kab. Tangerang) Irwan Sapta Putra; Mohammad Hifni; Silvia Amanah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.916

Abstract

The implementation of financing agreements at PNM Mekaar employs a joint liability system as a form of shared responsibility among group members. In practice, however, problems such as non-performing loans still arise, affecting the smooth payment of installments and impacting other group members. This study aims to analyze the implementation of cooperative member liability agreements at PNM Mekaar, the factors causing non-performing loans, and efforts to address them. This study employs an empirical legal research method with an empirical juridical approach. Data were collected through interviews, observations, and a literature review, and were subsequently analyzed qualitatively. The results of the study indicate that the implementation of financing agreements has been in accordance with applicable legal provisions. However, nonperforming loans were still found to be caused by internal factors—such as a decline in business income, health issues, and poor financial management—as well as external factors, including a lack of good faith on the part of members and changes of residence without prior notice. In addressing these issues, PNM Mekaar prioritizes communication, deliberation, and visits to members before implementing the joint liability system as stipulated in the agreement. Based on the research findings, the implementation of the joint liability agreement at PNM Mekaar has been carried out in accordance with legal provisions; however, its effectiveness is still influenced by members’ awareness and sense of responsibility in fulfilling their obligations.