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The Prisoner Assimilation Policy from a Proportionality Perspective: A Critical Analysis of Rights, Power, and Social Transformation Djian Fadilla; Surya Perdana
Abdurrauf Social Science Vol. 3 No. 1 (2026): Abdurrauf Social Science
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/arsos.v3i1.506

Abstract

This study examines the problems of the inmate assimilation policy that creates tension between the protection of prisoners' rights and the interests of public security in the perspective of the principle of proportionality. The main problem lies in the lack of optimal application of the principle of proportionality in assimilation policies, especially in the context of emergency conditions that affect the direction of policies and their implementation in the field. The purpose of this study is to critically analyze how the principle of proportionality is applied, as well as identify the influence of power relations on the formation and implementation of assimilation policies and their implications for social transformation. This research uses a literature method with a normative-critical approach through analysis of relevant laws and regulations, policy documents, and academic literature. The data used includes primary sources in the form of regulations and policies, as well as secondary sources in the form of books, scientific journals, and the results of previous research. The results of the study show that the application of the principle of proportionality in assimilation policies is not consistent and tends to be influenced by power dynamics and emergency situations. In conclusion, a reconstruction of assimilation policies that are more proportionate, transparent, accountable, and oriented towards the balance of justice is needed.
Implementation Of Fixed-Term Work Agreements Based On Positive Law In Indonesia Surya Perdana
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27166

Abstract

An employment agreement, which is the beginning of an employment relationship, can be classified based on its duration. A temporary agreement can be referred to as a fixed-term employment agreement. A permanent agreement is called an indefinite-term employment agreement. A Fixed-Term Employment Agreement (PKWT) is an agreement between an employee and an employer when the parties agree to perform specific work within an employment relationship for a short period of time. Meanwhile, an Indefinite-Term Employment Agreement (PKWTT) is an agreement between an employee and an employer when the parties agree to perform work within an employment relationship for a continuous and fixed period of time. An employment agreement refers to contract law, which is an event in which one person promises to another or where two people mutually promise to carry out something. An agreement is considered valid if it meets the provisions stipulated in Article 1320 of the Civil Code. The requirements for a valid agreement are regulated in Article 1320 of the Civil Code. Article 1 Paragraph (14) of Law Number 13 of 2003 concerning employment states that an employment agreement is: "An agreement between a worker/laborer and an employer or employer containing the terms of employment, rights, and obligations of the parties." Employment agreements are divided into two types: PKWT and PKWTT. Provisions regarding written employment agreements are regulated in Article 54 paragraph 1 of Law Number 13 of 2003 concerning Employment. The provisions, nature, and type of work for fixed-term employment agreements can be seen in Article 59