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Urgency of Employment Protection Regulation for Online Transportation Driver I Wayan Gde Wiryawan
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.1.1319.34-42

Abstract

The phenomenon of online application-based transportation services is actually an answer to people's needs for transportation that is easy to get, convenient, fast, and cheap. There are many factors making this online-based application is needed by many people, especially in big cities in Indonesia. Online transportation has become an alternative mode that people want after previously they have to use the conventional modes. Behind the convenience provided, the presence of GO-JEK and Grab has contradictions from various parties. There are no regulations specifically regulating worker protection for the drivers because in Law Number 13 of 2003 concerning Manpower (hereinafter referred to as the Manpower Law) only regulates formal worker. Thus, worker standards in the Manpower Law cannot be applied to online transportation drivers. The urgency to make rules regarding worker protection for online transportation drivers should be considered by the Government. Therefore, it can create legal certainty and justice for the drivers like the formal workers.
Legal Protection for Company Employees Who Are Under Self-Isolation Caused by Covid-19 Infection in Indonesia I Wayan Gde Wiryawan; Lis Julianti; Emmy Febriani Thalib
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.1.4611.24-30

Abstract

This study aimed at analyzing regulations concerning legal protection for employees who are under self-isolation caused by Covid-19 infection. Moreover, there is the latest regulation concerning Protection and Business Continuity of Workers/Manpower related to prevention and control of Covid-19 Pandemic. This is a juridical-normative study with a statutory approach. The finding of this study showed that the legal protection scheme on the employees under self-isolation in a company affected by Covid-19 has been regulated in some Government Regulations. Therefore, principally the business owner should give wages fully to the employees as well as providing sick leave base on the established regulations.
FORMULASI HUKUM ARTIFICIAL INTELLIGENCE (AI) DALAM SISTEM KETENAGAKERJAAN INDONESIA SEBAGAI INSTRUMEN PERLINDUNGAN HAK PEKERJA Kadek Hera Dwi Wahyuni; Anak Agung Putri Krisnadewi; I Wayan Gde Wiryawan; I Ketut Sukewati Lanang Putra Perbawa
Jurnal Yusthima Vol. 6 No. 01 (2026): YUSTHIMA : Jurnal Prodi Magister Hukum FH Unmas Denpasar
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The development of Artificial Intelligence (AI) has brought significant transformations to employment systems, ranging from recruitment processes and performance evaluation to termination of employment. On the one hand, AI offers efficiency and objectivity; on the other hand, it poses potential risks to workers’ rights, such as algorithmic discrimination, privacy violations, and job insecurity. This article aims to analyze the urgency of formulating legal regulations for the use of AI in Indonesia’s employment system as an instrument for protecting workers’ rights. The research method employed is normative legal research using statutory, conceptual, and comparative approaches. The findings indicate that Indonesia’s labor law framework has not explicitly regulated the use of AI, thereby necessitating a legal formulation grounded in the principles of the rule of law, human rights, and social justice to ensure that AI is utilized responsibly and oriented toward the protection of workers.
URGENSI SIDANG TIM PENGAMAT PEMASYARAKATAN (TPP) DALAM PEMENUHAN HAK-HAK NARAPIDANA DI LEMBAGA PEMASYARAKATAN NARKOTIKA KELAS IIA BANGLI Anak Agung Gd Agung Kresna Astina; I Wayan Gde Wiryawan; Lis Julianti
Jurnal Yusthima Vol. 6 No. 01 (2026): YUSTHIMA : Jurnal Prodi Magister Hukum FH Unmas Denpasar
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The new paradigm of correctional system is the transformation from a prison system to a correctional system. One effort to avoid arbitrary behavior and subjective assessments in the implementation of training, then every decision to be given to individual inmates must be approved and approved through the Correctional Observation Team (TPP) Session. Although the legal framework has clearly established the TPP Session as a standard procedure, in operational practice there are still strong indications of procedural discrepancies. The research method used in this study is an empirical legal research method with qualitative research characteristics and analytical descriptive specifications. Data were collected through interviews, literature, and documentation. The collected data were analyzed using qualitative analysis methods. The results of the discussion obtained indicate that the Implementation of the TPP Session at the Class IIA Bangli Narcotics Prison prioritizes the principles of objectivity, transparency, and accountability. The TPP Session is held for the process of coaching and determining sanctions for violations. In its implementation, the presence of inmates in the session uses a representative system for training, while for violation cases it is mandatory to be included in the TPP session. The urgency of ensuring the rights of inmates through the implementation of TPP hearings is to fulfill human rights indicators, including 1) Procedural Justice & Non-Discrimination, 2) Rights to Self-Development & Rehabilitation, 3) Rights to be Heard and Accountable, 4) Rights to Health and Humane Treatment. Obstacles encountered in providing inmates' rights through TPP hearings include, first, overcapacity and second, inadequate human resources with assessment competencies. Efforts are being made to overcome these obstacles through employee competency in the TPP hearing mechanism to ensure the proper fulfillment of inmates' human rights.
Unprotected and Unparticipation Mental Health in Regulation Worker Wiryawan, I Wayan Gde; Nusantara, Gede Agung Wirawan; Artajaya, I Wayan Eka; Rabbim, Rizozoda Tura
BESTUUR Vol 12, No 2 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i2.94378

Abstract

Unprotected mental health among employees can have a detrimental effect on productivity and the national economy. Nevertheless, Indonesia's present labor regulations do not include any specific provisions to safeguard workers' mental health. This research aims to identify and analyze issues regarding mental health workers that are often ignored, which cause decreased productivity and negative stigma for people experiencing mental health to medical personnel and facilities that are less qualified in protecting workers. This normative research examines legal texts, mainly primary and secondary legal materials. The results of the research show that, first, mental health problems in Indonesia are very complex, starting from the negative stigma that is still embedded in society regarding mental health diagnoses to regulations and law enforcement that do not support workers with mental health to recover from their illnesses. Second, based on Singapore, Singapore has a program and legal framework that supports public health and workers who experience mental health disorders monitoring that has been integrated with the system. Third, to overcome mental health problems for workers, there needs to be a clear regulatory framework that targets improving mental health, an integrated health monitoring system that is expanded to provide training for medical personnel, and health care quality.