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All Journal Jurnal Hukum Bisnis INFOKUM Indonesian Journal of International Law Indonesian Journal of Multidisciplinary Science The Indonesian Journal of Socio-Legal Studies The Easta Journal Law and Human Rights ULJLS
Aloysius Uwiyono
Universitas Indonesia
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

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IMPLIKASI UNDANG-UNDANG KETENAGAKERJAAN NO. 13 TAHUN 2003 TERHADAP IKLIM INVESTASI Uwiyono, Aloysius
Jurnal Hukum Bisnis Vol. 5 No. 1 (2016)
Publisher : jurnalhukumbisnis.com

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Implikasi Undang-Undang Ketenagakerjaan No. 13 Tahun 2003 Terhadap Iklim Investasi
IMPLIKASI HUKUM PASAR BEBAS DALAM KERANGKA AFTA TERHADAP HUKUM KETENAGAKERJAAN DI INDONESIA Uwiyono, Aloysius
Jurnal Hukum Bisnis Vol. 5 No. 5 (2017)
Publisher : jurnalhukumbisnis.com

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Implikasi Hukum Pasar Bebas dalam Kerangka AFTA terhadap Hukum Ketenagakerjaan di Indonesia
THE ROLE OF LAW IN LABOR FIELD IN THE GLOBALIZATION ERA Uwiyono, Aloysius
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In the free market era, Indonesia (as a developing country, which has dependency to foreign investment) is under pressured by foreign investor including in the matters of regulation in the labor field. The pressing is done through the relation between standardization and international trade, which is called social clause, the place where we can dismiss the developing country’s chance to use low wages rules and soft law enforcement as cooperative advantages which at last eliminate the advanteages from international trade. Indonesia has to find out the way to solve the two big problems. First, how to make all the parties have same position in the production process for achievement of company progress and second, how to create harmonization of law in labor field between ASEAN member countries in the globalization era for preventing company relocation among ASEAN member countries themselves.
Indonesian Labor Reform Since 1998 Uwiyono, Aloysius
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The development of labor law in the world essentially influenced by the newest models in industrial relations in each county. In general, there are two models, Corporatist Model/Regulatory Model and Contractual Model. The first model frequently meets in the countries whose use the civil law like France, Netherlands, Germany, and Indonesia, while the second model frequently meet in common law countries like the United States of America’s, England, Australia, and Malaysia. Based on the two theories above, this article will discuss how the development of the reformation of labor law in Indonesia especially since the reformatioan in 1998.
THE INFLUENCE OF THE DISRUPTION ERA IN THE CONCEPT OF LABOR RELATIONS IN THE HOSPITALITY INDUSTRY PERSPECTIVE OF EMPLOYMENT LAW Milawati, Mami; Uwiyono, Aloysius
INFOKUM Vol. 10 No. 5 (2022): December, Computer and Communication
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/infokum.v10i5.1210

Abstract

The disruption era, among others related to dynamics globalization and transformation of information technology that rapidly develop has changed the social and economic order, including changes in employment. This changes demands productivity and competitiveness of human resources as a prerequisite for Indonesian workers to play their role in the global economy. Flexible working relationships or labour flexibility is now the norm in the world of work worldwide. The government role includes improving quality of Indonesian workers to be productive and competitive, therefore direction of development policies in the manpower sector focuses on efforts to create widest job opportunities and increase protection of rights and welfare for workers, both at work until completion of the Employment Relations. Therefore, regulations are needed to be able to provide legal certainty, in order to answer the challenges and dynamics of manpower, especially on strategic issues regarding Work Relations which include implementation on Work Relations and protection regulation of workers therein.
Embassy of Foreign Country as Employer Subject to Severance Payment Obligations Yusuf, Darmawan; Agusmidah, Agusmidah; Sirait, Ningrum Natasya; Uwiyono, Aloysius
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13017

Abstract

This research examines the employment agreements between foreign state representatives and local workers that are not related to diplomatic functions and therefore do not enjoy diplomatic immunity. While industrial relations disputes typically arise between workers and company management, there have been instances of labor disputes between workers and foreign state representatives. This creates a connection between Indonesia's legal system and the principle of diplomatic immunity in international law. Despite Indonesia's ratification of the Vienna Conventions of 1961 and 1963 through Law No. 1 of 1982, there is currently no specific national legislation governing privileges and immunities. As a result, labor disputes involving diplomatic immunity are dependent on court judgments. The focus of this research is on the severance payment obligations stipulated in labor laws and the responsibility of foreign embassies as employers in Indonesia to make severance payments. The research methodology employed is normative research with a legislative approach. Through qualitative data analysis, the following conclusions were drawn: First, the existence of pension programs does not automatically negate the right to severance pay that workers should receive upon reaching retirement age. Second, the Employment Law is inconsistent in regulating severance payments and pension guarantees as they were initially regulated separately.
Harmonious Industrial Relations in Increasing Company Productivity in The Era of Globalization Marbun, Rika Jamin; Agusmidah; Uwiyono, Aloysius; Affila
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16605

Abstract

The company plays a crucial role in driving Indonesia's economy, necessitating its sustainability for competitiveness in the global era. Company productivity, which hinges on worker welfare, is vital for maintaining a company's existence. Workers valued by their company will be more productive, as company productivity starts with work productivity. Achieving this requires tranquility and industrial peace in labor relations. This research explores the connection between worker and company productivity, and how company productivity can be achieved through harmonized industrial relations and strengthened communication in the globalization era. Using a normative juridical method, examining laws and regulations, the study highlights the importance of maintaining harmonious industrial relations for work and business peace. Equalizing perceptions between employers and workers and maintaining effective communication are crucial for this goal. Enhancing company productivity begins with business tranquility and aligns with improving workers' welfare. Such conditions are essential for sustaining the company as an economic driver in Indonesia. High productivity enables companies to exist and compete in the global era.
A Juridical Study of Constitutional Court Decision No. 58/PUU-VIII/2010 on the Right to Education and Non-Discrimination in Indonesia Dewi, Sari Amalia; Uwiyono, Aloysius; Saleh, Rosdiana
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.781

Abstract

This study presents a normative juridical analysis of Constitutional Court Decision Number 58/PUU-VIII/2010, which addresses the constitutional right to education and the principle of non-discrimination in Indonesia. The decision represents a significant advancement in Indonesian constitutional jurisprudence, affirming the state’s obligation to ensure equal access to education as mandated by Article 31 of the 1945 Constitution. Using a normative legal approach, this study examines the Court’s reasoning, relevant constitutional provisions, and the decision’s broader implications for human rights and educational equity. The findings show that the Constitutional Court emphasized education as a fundamental and universal right, requiring the state to adopt affirmative measures to eliminate structural inequalities and discriminatory practices in educational policy. The decision aligns national law with international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. Overall, this study concludes that Decision Number 58/PUU-VIII/2010 strengthens Indonesia’s constitutional framework for protecting the right to education and reinforces the state’s responsibility to promote equality, inclusivity, and social justice within the education system.
U.S. Court Ruling on Trump's Reciprocal Tariffs, the Role of the WTO, and Its Implications for the 19% Indonesia–U.S. Tariff Agreement Amalia Dewi, Sari; Uwiyono, Aloysius; Saleh, Rosdiana
Indonesian Journal of Multidisciplinary Science Vol. 5 No. 5 (2026): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v5i5.1262

Abstract

The United States’ reciprocal tariff policy under President Donald Trump, implemented through the International Emergency Economic Powers Act (IEEPA), aimed to balance trade terms via unilateral tariff adjustments. However, the policy was declared illegal by several U.S. courts, including the Court of International Trade (CIT) and the Federal Circuit. At the same time, the World Trade Organization (WTO) has been effectively paralyzed due to the dysfunction of its Appellate Body, leaving no effective multilateral mechanism to address violations of the General Agreement on Tariffs and Trade (GATT). Amid this legal uncertainty, a 19 percent tariff agreement between Indonesia and the United States emerged in 2025 as a bilateral arrangement to stabilize trade relations. This study applies a legal-normative approach, focusing on the interpretation and analysis of legal norms derived from regulations, court decisions, and international agreements. By examining these elements through a doctrinal and positivist lens, the study evaluates the coherence and hierarchy of legal authority among U.S. domestic rulings, WTO obligations, and bilateral agreements. It argues that the intersection of U.S. rulings, WTO dysfunction, and bilateral agreements highlights fragmentation within the international trade law system. The traditional rules-based order championed by the GATT–WTO system has increasingly been supplanted by overlapping domestic laws and political compromises. The Indonesia–U.S. tariff agreement illustrates a shift from multilateral legal certainty to bilateral pragmatism, signaling the erosion of legal coherence and the growing dominance of executive discretion in modern trade governance.
When Uniform Standards Are Missing: Judicial Inconsistency in Wages During Termination Proceedings in Indonesia Fitriana, Fitriana; Hayati, Tri; Uwiyono, Aloysius
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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This article examines how courts lack uniform judicial standards for determining Upah Proses, which refers to wages payable during termination proceedings in Indonesia. Constitutional Court Decision No. 37/PUU-IX/2011 requires employers to pay Upah Proses until courts issue a final and binding judgment. However, subsequent instruments introduce conflicting limitations and ambiguous provisions, including Supreme Court Circular Letter No. 3 of 2015 and Law No. 6 of 2023. Such inconsistencies create normative disharmony across constitutional, statutory, and administrative frameworks. The absence of coherent interpretive guidance divides the judiciary, leading courts to issue divergent rulings, even in cases with similar factual circumstances. The study examines 117 judicial decisions issued between 2007 and 2023, and analyzes eight representative findings. Interviews with workers and employers show how legal uncertainty impacts the parties involved. The findings show that ad hoc judges, representing worker and employer constituencies, adopt differing orientations that further exacerbate the absence of standardized judicial criteria. This fragmentation in judicial reasoning increases workers’ socio-economic vulnerability during protracted litigation. The article advocates for the urgent harmonization of legal norms and clarification of judicial guidelines. Such measures would enhance legal certainty, promote consistent adjudication, and provide stronger protection for workers, who are the structurally weaker party within Indonesia’s industrial relations system.
Co-Authors Affila Agusmidah Agusmidah Amalia Dewi, Sari Dewi, Sari Amalia Fitriana Fitriana Marbun, Rika Jamin Milawati, Mami NINGRUM NATASYA SIRAIT Rosdiana Saleh, Rosdiana Tri Hayati Yusuf, Darmawan