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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Jurnal Cahaya Mandalika JIKEM: Jurnal Ilmu Komputer, Ekonomi dan Manajemen Economic Reviews Journal Jurnal Manajemen Riset Inovasi Jurnal Manajemen Dan Bisnis Ekonomi Jurnal Riset Akuntansi Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) JSE: Jurnal Sharia Economica
Nikmah Dalimunthe
Unknown Affiliation
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Analisis Perubahan Hukum Ketenagakerjaan pada UU Cipta Kerja Mengenai Perlindungan Hak Pekerja Nikmah Dalimunthe; Fitria Nurhaliza
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 3 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i3.2347

Abstract

The purpose of this research is to find out how workers are protected with the various modifications to the definition of employment relationship after the enactment of the Job Creation Law. The employment relationship serves as the basic standard for the protection of the parties, as is well known. Employment relationship is a legal arrangement relating to employment between two legal subjects. Basically, the employment relationship is between an employer and a worker, and is governed by laws that determine rights, obligations, and working conditions. This makes it clear what the rights and obligations of each party are. The type of employment relationship was changed with the passing of the Job Creation Law, which also expanded the model of employment relationship and shifted the idea of labor supply agreements to outsourcing. With these changes, it becomes unclear how the industrial relations principles in the Job Creation Law and the protection of the parties in the employment relationship can be established. This research combines descriptive and normative legal research methods. The definition of a worker service provision agreement is changed to outsourcing, the model of employment relationship is expanded, and new types of employment relationships are brought about by the implementation of the Job Creation Law. These changes raise the question of how protection. The research findings show that the Job Creation Law contains three different types of employment relationships: permanent, temporary, and flexible. The latter is based on job completion or part-time work, and the agreement on the provision of worker services only changes the term to outsourcing. However, the concept of employment relationship remains the same as before, and this deviates from what is considered an ideal concept of employment relationship as it involves three parties: the employer, the service provider, and the worker. Therefore, the definition of employment relationship contained in the Job Creation Law is based on the mechanism of agreement between the parties, such as the duration of PKWT and the right to extended rest periods that can be specified in the employment agreement. As a result, it can be said that the state has less control over the employment relationship, which makes it more difficult to establish industrial relations as the legal relationship of the parties is more focused on the private sector and there is less government intervention. As a result, workers find it difficult to obtain protection and legal certainty amidst fierce competition for jobs. Keyword: Employment Relations, Job Creation Law, Workers
Pembantu Rumah Tangga dalam Perspektif Hukum Ketenagakerjaan: Analisis Yuridis Normatif Nikmah Dalimunthe; Tasya Fadilah
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.5855

Abstract

Domestic helpers (DWs) play a vital role in sustaining household life in urban areas, yet their legal position in the Indonesian labour system remains marginal and vulnerable, without adequate legal protection. This research aims to analyse juridically normatively the legal position of domestic workers within the framework of national labour law and identify regulatory gaps and structural barriers that hinder the protection of their basic rights. Using a literature study method and a normative juridical approach, this research examines legislation, legal doctrine, and recent scientific literature. The analysis shows that Law No. 13 Year 2003 does not recognise domestic workers as formal workers, and Permenaker No. 2 Year 2015 is non-binding, creating a legal vacuum that results in vulnerability to exploitation, discrimination, and human rights violations. The absence of special regulations such as the PPRT Bill and the non-ratification of ILO Convention No. 189 exacerbate structural injustice against domestic workers. This research concludes that the legal protection of domestic workers is very weak normatively and practically, so regulative reform is needed through the enactment of special laws and harmonisation of national laws with international human rights standards in order to create a fair, inclusive and social justice-based employment system.
Analisis Penerapan Hukum Islam terhadap Sistem Kerja Part Time: Studi Kasus Café Kota Medan Nadzira putri Andani; Nikmah Dalimunthe
Economic Reviews Journal Vol. 3 No. 2 (2024): Economic Reviews Journal
Publisher : Masyarakat Ekonomi Syariah Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56709/mrj.v3i2.336

Abstract

This study investigates how Islamic law is applied in the part-time work system in cafes in Medan City. Through a research approach consisting of direct observation, interviews, and document analysis, the study findings highlight various aspects, including the distribution of time, workers' rights and obligations, and fairness in salary payments. The results of the analysis show that the application of Islamic law in this context refers to the principles of ethics and justice, which play an important role in creating a work environment that is in accordance with religious values ​​and workers' needs. This research provides an important contribution to the understanding of how Islamic law can be implemented in business contexts such as cafes in metropolitan cities. By emphasizing the importance of paying attention to ethical values ​​and justice, this study provides a basis for developing work practices that are in accordance with the principles of Islamic law in a Muslim-majority society such as Medan City.
Co-Authors Abdul Kholid Azhari Agung Setia Anhar Nurdiansyah Harahap Annisa Khoiri Ariyadi Ariyadi Arsiah Dwi Cintana Arvina Wahyuni Dwi Indah Pertiwi Dwi Nur Annisa Egi Fadilah Saragih Ema Nur Syahfitri Fachry Abda El Rahman Fitria Nurhaliza Hayati, Putri Ibnu Habib Wahyudi Indah Khuzaimah Irfan Iskandar Jihan Atiqah Pane Khairunisah Khairunisah Khoirun Niswah Muhammad Akbar Al-Ghifari Barus Muhammad Latiful Fatih Muhammad Sholeh Khan Muhammad Tareq Aziz Mulia Syahfitri Nadiah Rizki Nasution Nadzira Putri Andani Nelmi Sari Nur Aisyah Tanjung NUR HAMIDAH Nurhayati Nurhayati Putri Adila Putri Amanda Putri Indriyanti Putridayani Nasution Rahmah Aliyah Sri Nurul Hasanah Tasya Fadilah Tazkia Ayu Alharani.YS Ucha Saleha Nasution