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Peran Pengawas Ketenagakerjaan dalam Pemenuhan Hak Pekerja yang Mengalami Pemutusan Hubungan Kerja (PHK) Rusyaman, Jasmine Gitarahmi; Karsona, Agus Mulya; Singadimedja, Holyness N
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11887

Abstract

Labor inspectors serve the function of overseeing and ensuring the enforcement of labor regulations, including guaranteeing the fulfillment of workers' rights in cases of termination of employment. As a consequence of termination practices, workers are entitled of severance pay, rewards for length of service, and reimbursement of other entitlements in accordance with applicable regulations. This study focuses on the legal protection and the impact of labor inspectors’ performance on the fulfillment of workers' rights in termination cases. The approach employed in this study is a normative juridical method. The findings indicate that the active role of labor inspectors in fulfilling workers’ rights following termination can be carried out upon receiving a complaint from the affected worker or based on a directive from their superior. This is closely related to the limited authority of labor inspectors. Furthermore, the high number of labor law violations and the imbalance between the number of labor inspectors and the number of existing companies indicate that labor inspection implementation has not yet been optimal.
Peran Pengawas Ketenagakerjaan dalam Pelaksanaan Sistem Manajemen Keselamatan dan Kesehatan Kerja (SMK3) Sebagai Upaya Meningkatkan Pencegahan Kecelakaan Kerja di Perusahaan Ditinjau dari Peraturan Pemerintah Nomor 50 Tahun 2012 Tentang Penerapan Sistem Manajemen Keselamatan dan Kesehatan Kerja Maruhawa, David Nathanael; Karsona, Agus Mulya; Singadimedja, Holyness N
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15387813

Abstract

Safety and comfort of the work environment is one of the things that each worker is entitled to in a scope of work. This right is based on labor laws and regulations which stipulate that the welfare and safety of workers is one of the main priorities that must be provided by employers as employers. All efforts in providing work safety should be optimized, especially the management system within the company and the role of existing supervision. The Occupational Safety and Health Management System (SMK3) is one of the platforms created to anticipate work accidents within the company. However, the system will not run optimally without systematic supervision, one of which is from labor inspectors. For this reason, it is necessary to know more about the role of labor inspectors in implementation of SMK3 by the company in order to prevent work accidents for workers.
Pelaksanaan Pengawasan Ketenagakerjaan Terhadap Hak Pekerja Untuk Mendapatkan Upah Kerja Lembur Dharmawan, Heidy Annisa; Karsona, Agus Mulya; Singadimedja, Holyness N.
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 7 No 2 (2023)
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v7i2.1731

Abstract

Labor inspection is a form of government policy aimed at ensuring the enforcement of labor law which is carried out by labor inspectors and equipped with certain authorities for the smooth running of labor inspection. However, in practice, it is not uncommon to find companies that are reluctant to fulfill their obligations, such as not being paid overtime wages for workers which be held for years until members of their trade unions decided to go to the field to hold public opinion demonstrations. This incident indicates a weakness in the implementation of labor inspection. This study aims to analyze the implementation of labor inspection in enforcing laws and regulations in the field of employment towards fulfilling workers rights to receive overtime wages. The research method used is normative juridical with research specifications in the form of analytical descriptive applicable laws and regulations and legal theories related to the actual practice of labor inspection. The results of the study state that the imbalance in the ratio between labor inspectors and the object of supervision causes the implementation of labor inspection to run less optimally and the fulfillment of workers rights to receive overtime pay is neglected.
Peran Pengawas Ketenagakerjaan dalam Pemenuhan Hak Pekerja yang Mengalami Pemutusan Hubungan Kerja (PHK) Rusyaman, Jasmine Gitarahmi; Karsona, Agus Mulya; Singadimedja, Holyness N
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11887

Abstract

Labor inspectors serve the function of overseeing and ensuring the enforcement of labor regulations, including guaranteeing the fulfillment of workers' rights in cases of termination of employment. As a consequence of termination practices, workers are entitled of severance pay, rewards for length of service, and reimbursement of other entitlements in accordance with applicable regulations. This study focuses on the legal protection and the impact of labor inspectors’ performance on the fulfillment of workers' rights in termination cases. The approach employed in this study is a normative juridical method. The findings indicate that the active role of labor inspectors in fulfilling workers’ rights following termination can be carried out upon receiving a complaint from the affected worker or based on a directive from their superior. This is closely related to the limited authority of labor inspectors. Furthermore, the high number of labor law violations and the imbalance between the number of labor inspectors and the number of existing companies indicate that labor inspection implementation has not yet been optimal.
Implementing Combined Process (Mediation-Arbitration) in Industrial Relations Dispute Resolution: A Legal Justice Perspective Megabriella, Roro; Karsona, Agus Mulya; Putri, Sherly Ayuna
Eduvest - Journal of Universal Studies Vol. 5 No. 12 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i12.51801

Abstract

Combined Process (Mediation-Arbitration) is an innovative Alternative Dispute Resolution mechanism that unifies mediation’s flexibility and party autonomy with arbitration’s finality and enforceability. This hybrid offers a potentially more effective means of resolving Industrial Relations disputes. Although successfully applied in countries like China, Singapore, and the United States, Indonesia’s legal system lacks explicit provisions for this mechanism, creating uncertainty in its regulation and enforceability. This study aims to examine the use of the Combined Process (Mediation-Arbitration) for resolving industrial relations disputes and analyze it through the principle of legal justice. Using a normative juridical approach, the research reviews relevant laws and regulations to explore how this mechanism is implemented. Indonesia’s Law No. 2 of 2004 governs mediation and arbitration separately but does not explicitly acknowledge the Combined Process, leading to procedural ambiguity and unclear jurisdictional boundaries. This regulatory gap hinders the mechanism’s effective implementation despite its advantages in promoting efficiency and party satisfaction. The study finds that the Combined Process (Mediation-Arbitration) aligns with legal justice principles by fostering balance, transparency, and participation in dispute resolution. However, it requires formal legislative recognition and clear procedural rules to ensure legal certainty and practical effectiveness within Indonesia’s industrial relations framework.