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All Journal Media Hukum Indonesia (MHI) Jurnal Riset Multidisiplin Edukasi
Gunardi Lie
Fakultas Hukum, Universitas Tarumanagara, Jakarta
Law, Crime, Criminology & Criminal Justice Other

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Effectiveness of Legal Protection for Workers in the Work From Home or Remote Work System Wilson Wibowo; Gunardi Lie
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19695937

Abstract

Technological advancements have fundamentally reconfigured traditional labor patterns into remote working systems, creating a new set of legal implications for employee protection. This inquiry focuses on assessing the legal effectiveness of protections afforded to remote workers within the Indonesian jurisdiction. Utilizing normative legal research with a library-based approach, the study examines the relevant statutory and conceptual foundations. The analysis reveals a significant legal vacuum, as WFH protocols remain largely unaddressed in Law No. 13 of 2003 and its subsequent amendment via Law No. 11 of 2020. This lack of specific regulation compromises the fulfillment of labor rights, including work-life boundaries, fair compensation for overtime, and personal privacy. Moreover, the study identifies lax enforcement and asymmetrical bargaining power as critical barriers to legal efficacy. Ultimately, the research suggests that current protections are inadequate and calls for a more responsive legislative framework to accommodate the complexities of the modern digital workforce.
Analisis Yuridis Perlindungan Hukum terhadap Hak Pekerja atas Tunjangan dan Upah yang Menunggak Kaniko Dyon Geraldi; Gunardi Lie
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1835

Abstract

This research is motivated by the widespread violations of workers' rights regarding benefits and wages, which are frequently suspended or unpaid by companies due to the weak bargaining position of employees. Legally, an employment relationship obligates employers to fulfill the right to a decent living through wage components and allowances. The problem formulation in this study focuses on the legal protection provided to workers against the arrears of benefits and wages within the regulatory framework post-Reform. The research method employed is normative legal research using a statutory approach and a conceptual approach, utilizing primary, secondary, and tertiary legal materials.The results indicate that legal protection for wages and benefits has been reinforced through Article 88A of the Job Creation Law and the Manpower Law, which mandates employers to pay wages according to the agreed-upon terms. Violations regarding these components, including arrears in Social Security (BPJS Ketenagakerjaan) contributions, constitute not only a breach of contract but are also subject to administrative and criminal sanctions, with a maximum of 8 years imprisonment under the BPJS Law. However, the effectiveness of law enforcement is still hindered by passive labor inspection functions and the lengthy litigation process in the Industrial Relations Court. In conclusion, while the regulatory instruments are sufficiently robust, more active and consistent government oversight and firm enforcement of sanctions are required. It is recommended to strengthen the supervisory function and simplify dispute resolution mechanisms to ensure that workers' normative rights are fully protected for the sake of creating harmonious and fair industrial relations.
Co-Authors Kaniko Dyon Geraldi Wilson Wibowo