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Legislative Drafting and Climate Justice Aspects: An Evaluation of the Consistency of the Omnibus Law on Job Creation with Sustainable Development Principles Flora, Henny Saida; Cindy Mariam Magdalena Rantung; Shintia Alvernia Gorrettie Gijoh; Irsan Rahman; Samuel Frans Boris Situmorang
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1768

Abstract

This study employs quantitative methods to evaluate the consistency of Indonesia's Omnibus Law on Job Creation (UU Cipta Kerja) with climate justice principles and sustainable development goals. Through statistical analysis of environmental licensing data, foreign direct investment flows, and ecological degradation indicators from 2019-2023, the research reveals significant regulatory simplification that potentially undermines environmental safeguards. The analysis demonstrates a 47.4% reduction in licensing procedures, correlating with increased investment but raising concerns about procedural justice and intergenerational equity. Panel data regression analysis indicates that while the law achieved its objective of improving investment climate, it simultaneously weakened environmental protection mechanisms, particularly through the replacement of environmental permits with environmental approvals. The findings suggest that the legislative drafting process prioritized economic efficiency over climate justice considerations, creating potential conflicts with constitutional mandates for environmental protection and Indonesia's commitments under the Paris Agreement. This research contributes empirical evidence to the discourse on balancing economic development with climate justice in emerging economies
Analysis of The Legal Status of Gig Workers in Indonesia’s Digital Platforms: The Urgency of Sufficient Work Regulations as Social Protection Lumban Gaol, Christopher Panal; Bambang Eko Nugroho; Dadang Sumarna; Asnal Hafiz; Irsan Rahman
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1794

Abstract

The rapid expansion of Indonesia's digital economy has created approximately 41.6 million gig workers, yet their legal status remains undefined within the existing labor law framework. This study employs quantitative and normative legal analysis to examine the legal status of gig workers operating through digital platforms (Gojek, Grab, and other service applications) and evaluate the adequacy of current Indonesian labor regulations in providing social protection. Through analysis of statutory instruments including Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation (Omnibus Law), alongside empirical data on worker demographics, income distribution, and social security participation rates, this research demonstrates that gig workers meet substantive criteria of employment yet remain classified as independent contractors. The study reveals that 7.61 percent of informal workers maintain social security coverage, with participation rates as low as 1.6 percent among gig workers specifically. Quantitative analysis of 130 gig workers across three provinces demonstrates income volatility (average monthly earnings: IDR 3.0-3.98 million), excessive working hours (30-40 hours weekly, with 20 percent exceeding 40 hours), and negligible social safety net access (49.23 percent lack health insurance). The research concludes that the Sufficient of Work doctrine, grounded in ILO conventions and the principle of decent work, provides a superior analytical framework for protecting digital platform workers. The study recommends legislative reform incorporating hybrid employment categories, mandatory social protection coverage regardless of classification, and algorithmic transparency mechanisms as essential safeguards for worker dignity and economic security in Indonesia's evolving labor market