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All Journal Sriwijaya Law Review Asian Journal of Social and Humanities
Gde Made Swardhana
Universitas Udayana
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Legal Protection for Nightclubs Female Workers in Bali Ni Nyoman Juwita Arsawati; Gde Made Swardhana; Diah Ratna Sari Hariyanto; Dewi Bunga
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3176.pp286-302

Abstract

This study aims to identify, analyse, and find the risks and legal protections for female workers at nightclubs in Badung, Bali, Indonesia. Through empirical legal research, based on the study's results, it can be found that there are many risks faced by female workers who work at nightclubs. The risks faced by female workers at nightclubs in Badung, Bali, can include health risks (physical and mental/psychological), safety risks, risks of victimisation (becoming victims of criminal acts), getting a negative prejudice from the community, being ostracised, and the risk of falling into prostitution and drug abuse. Legal protection for female workers in nightclubs has yet to be implemented optimally. Many rights and protections are owned by women who work in nightclubs, but nightclubs cannot reach them. There are still many violations of the law against female workers. Management does not provide rights for night workers in accordance with the provisions of the Manpower Act because these workers are not included in the Labor Union. The legal consequences for women workers at night entertainment sites need better legal protection, especially in the context of the labour force. Stigmatising women employees at night recreation sites as prostitution workers also weakens protection for them.Women workers do not fight for their rights because they do not have much understanding of their rights.
Reformulation of the Prosecutor’s Office’s Regulatory Role in the Legislative Process for Sustainable Economic Development I Gede Willy Pramana; Gde Made Swardhana; Desak Putu Dewi Kasih; Sagung Putri M.E. Purwani
Asian Journal of Social and Humanities Vol. 4 No. 6 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i6.694

Abstract

The phenomenon of sustainable economic development in Indonesia reveals the increasing complexity of national strategic policies and projects, which necessitate preventive and sustainable legal safeguarding. Normatively, the Indonesian Prosecutor's Office is positioned not only as a repressive law enforcement body but also as an institution with preventive and protective functions through its law enforcement intelligence authority, as stipulated in Article 30B of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia (the Amendment to the Prosecutor's Law). However, its implementation reveals that the Prosecutor's Office's role in the legislative process and development policy planning has not been optimally actualized. Juridically, this is due to the ambiguous norm (vague norm) in Article 34 of the Amended Prosecutor's Law, which uses the permissive phrase "may" in providing legal considerations to the President and other government agencies. This phrasing fails to establish a legal obligation for the Prosecutor's Office's involvement in the development legislation process. Sociologically, the absence of a clear regulatory model and mechanism regarding the Prosecutor's Office's security function during the early stages of policy formulation leads to weak preventive legal supervision. Consequently, this creates fertile ground for conflicts of interest, legal uncertainty, and potential abuse of authority in sustainable economic development. This research employs a normative legal research method, focusing on the ambiguity of norms, particularly the phrase "may" in Article 34 of the Amended Prosecutor's Law. This ambiguity underscores the urgent need for a regulatory framework that explicitly mandates the active role of the Prosecutor's Office in the legislative process at every level, given its unique authority in law enforcement intelligence and its mandate to provide legal considerations to the President and other government agencies.
Co-Authors Desak Putu Dewi Kasih Dewi Bunga Diah Ratna Sari Hariyanto I Gede Willy Pramana Ni Nyoman Juwita Arsawati Sagung Putri M.E. Purwani