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A Juridical Review of the Limitation on the Duration of Fixed-Term Employment Agreements (PKWT) Following Constitutional Court Decision Number 168/PUU-XXI/2023 in Protecting Workers’ Rights in Indonesia Budi, David; Rahma, Diding; Asri, Ardison
Indonesian Journal of Law and Justice Vol. 3 No. 3 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i3.5492

Abstract

This study aims to analyze the limitation of Fixed-Term Employment Agreements (PKWT) based on Constitutional Court Decision Number 168/PUU-XXI/2023 and to examine the legal consequences for employers and workers if PKWT exceeds the maximum five-year term. This research employs a normative legal method using statutory and conceptual approaches by analyzing labor law regulations and relevant legal doctrines concerning employment agreements. The study focuses on examining the legal interpretation and binding force of the Constitutional Court decision related to PKWT duration limits. The results demonstrate that the five-year maximum duration of PKWT constitutes an imperative legal norm designed to ensure legal certainty, balance of rights and obligations, and protection of workers’ job security. The Constitutional Court decision clarifies the ambiguity in previous regulations regarding PKWT duration, thereby preventing potential misuse of fixed-term contracts that may disadvantage workers. If employers implement PKWT exceeding the five-year limit, the employment relationship automatically converts into an Indefinite-Term Employment Agreement (PKWTT) by operation of law. This conversion imposes additional legal responsibilities on employers, including the obligation to provide stronger employment guarantees and fulfillment of normative labor rights. Therefore, the decision reinforces the legal framework governing fixed-term employment arrangements while strengthening worker protection within Indonesia’s labor law system.
Dissemination of the Urgency of Inheritance Law in Determining Inheritance Rights for Heirs in RW 08, Halim Perdanakusuma Subdistrict, Makassar District, East Jakarta City Aria Caesar Kusuma Atmaja; Indah Sari; Ardison Asri; Selamat Lumban Gaol; Subhan Zein
Jurnal ISO: Jurnal Ilmu Sosial, Politik dan Humaniora Vol. 6 No. 1 (2026): June
Publisher : Penerbit Jurnal Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53697/iso.v6i1.3123

Abstract

This study aims to enhance community understanding of inheritance law—covering civil, Islamic, and customary aspects—among residents of RW 08, Halim Perdanakusuma Subdistrict, Makassar District, East Jakarta. A qualitative descriptive approach was employed through observation, interviews, and documentation involving community members, local leaders, and legal practitioners. The program focused on structured and sustainable legal socialization to increase awareness of lawful inheritance distribution. The findings show that prior to the program, most residents relied on verbal agreements and family customs, leading to disputes and inequitable asset division. After the socialization activities, participants demonstrated improved comprehension of inheritance principles, recognized the importance of legal documentation, and showed greater willingness to consult legal experts. The study concludes that systematic legal education significantly enhances community literacy on inheritance law, promotes fairness in asset distribution, and helps prevent potential family conflicts. This initiative is recommended as a model for broader community-based legal empowerment programs in urban areas.
TINJAUAN HUKUM PENGGUNAAN DRONE ANTARA KEAMANAN PUBLIK DAN PERLINDUNGAN PRIVASI INDIVIDU Muhammad Rhicco; Ardison Asri
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 2 No. 2 (2025): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v2i2.306

Abstract

The rapid development of drone technology has brought significant innovations in various sectors, including military, photography, delivery, and surveillance. Although it offers efficiency and the ability to access difficult areas, the massive use of drones raises legal challenges related to the conflict between public security and individual privacy rights. Drones can be an effective tool for security surveillance, but their ability to record without permission also threatens privacy, such as incidents of drones falling or being used for espionage. This makes it interesting to discuss how current laws and regulations in Indonesia regulate the use of drone technology related to aspects of public security and protection of individual privacy? and what are the mechanisms for supervision and law enforcement against violations of privacy and public security involving the use of drone technology in Indonesia?. This study uses a juridical-normative method with a literature approach to analyze existing laws and regulations. The results show that Permenhub PM 37/2020 implicitly touches on aspects of privacy, it is realized that privacy protection requires more specific regulations. Therefore, Law Number 1 of 2009 concerning Aviation and especially Law Number 1 of 2024 concerning the Second Amendment to the ITE Law (along with PP Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions). Supervision and law enforcement of drone use in Indonesia is a collaborative and multi-layered effort involving various government agencies, a strict licensing system.
ANALISA HUKUM DAMPAK HAK DAN KEWAJIBAN LEMBAGA PEMASYARAKATAN DITINJAU DARI UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN Muhamad Rico Paura; Ardison Asri
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 2 No. 2 (2025): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v2i2.307

Abstract

This study analyzes the legal impact of overcapacity in correctional institutions (Lapas) on the implementation of Law No. 22 of 2022 concerning Corrections. Prison overcapacity is a serious problem that impacts various aspects, including inmates' rights, the quality of correctional facilities, and the effectiveness of their function as a place of correctional facilities and social recovery. This study will examine legally how prison overcapacity violates the basic principles of correctional facilities stipulated in Law No. 22 of 2022, identify the negative impacts it causes, and provide recommendations for solutions to address this problem.
TANGGUNG JAWAB PENGANGKUT ATAS KETERLAMBATAN PENUMPANG DAN BARANG MENGGUNAKAN ANGKUTAN UDARA DI INDONESIA Muhammad Rifqi Sulthanbaghasana; Ardison Asri
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 2 No. 2 (2025): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v2i2.308

Abstract

Air transportation plays a crucial role in supporting the mobility of people and the distribution of goods, both nationally and internationally, especially in an archipelagic country like Indonesia. As public dependence on air transport increases, legal issues related to the carrier’s liability for delays in passenger and cargo transport frequently arise and lead to consumer dissatisfaction. This study focuses on two main problems: how the legal framework governing the transportation of passengers and goods in Indonesia is structured, and how airline liability is defined and implemented in cases of delay. The research adopts a normative juridical method using a statute approach, conceptual approach, and historical approach to examine existing regulations, relevant legal concepts, and the historical development of carrier liability in Indonesian aviation law. The findings indicate that the legal regulation of air transportation in Indonesia is comprehensively provided under Law Number 1 of 2009 on Aviation. However, in practice, its implementation still faces various challenges, particularly regarding delays, which are often handled in a non-transparent and unaccountable manner by airlines. Airlines are obligated to provide compensation for delays, but in reality, this often leads to disputes due to discrepancies between regulatory provisions and their execution. The study concludes that there is a strong need to strengthen monitoring mechanisms and legal protection for air transport service users to ensure legal certainty and improve the quality of service in Indonesia’s air transportation sector.
TANGGUNG JAWAB HUKUM NEGARA ATAS TINDAKAN MELAWAN HUKUM YANG DILAKUKAN OLEH ANGGOTA KEPOLISIAN Muhammad Syahril Ananda; Ardison Asri
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 2 No. 2 (2025): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v2i2.310

Abstract

The Indonesian National Police (Polri) plays a central role in maintaining security, order, and law enforcement. However, unlawful acts by police officers can have broad legal consequences related to state responsibility. This study aims to identify the forms of unlawful acts committed by police officers that may incur state responsibility, and to analyze the state's legal accountability for these unlawful acts in Indonesia. This study uses a normative legal research method with a literature study approach. The data used are secondary data, collected through library research techniques. Data analysis was conducted qualitatively. Forms of unlawful acts by police officers that may incur state responsibility include: abuse of authority, excessive force and torture, arbitrary arrest and detention, and other general crimes committed in their capacity as officers. These forms of accountability include: (1) Individual Criminal Liability; (2) Administrative/Disciplinary Liability based on Police Regulation No. 7 of 2022 concerning the Indonesian National Police Professional Code of Ethics; and (3) Civil Liability.