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All Journal Journal Philosophy of Law The International Conference on Education, Social Sciences and Technology (ICESST)
Kastubi Kastubi
Universitas 17 Agustus 1945 Semarang
Computer Science & IT Environmental Science Law, Crime, Criminology & Criminal Justice

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Process for Settlement of Criminal Road Traffic Accidents Through Mediation Juhari Juhari; Kastubi Kastubi
The International Conference on Education, Social Sciences and Technology (ICESST) Vol. 2 No. 2 (2023): The International Conference on Education, Social Sciences and Technology
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/icesst.v2i2.358

Abstract

A road traffic accident is an unexpected and unintentional event on the road involving a vehicle with or without other road users which results in loss and/or loss of property. If the violation gives rise to criminal consequences attached to the violation, then the violation is a criminal offense. Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation, regulates lex specialis, regarding the process of resolving cases of criminal traffic accidents, However, the resolution of this case is also often carried out outside of court or in other words it is resolved through peace (islah) between the parties, this mechanism is often also called Alternative Dispute Resolution (ADR). Handling criminal cases that occur in society can be resolved using two methods, namely penal and non-penal. One of the non-penal solutions is Penal Mediation. Penal mediation itself is born from the culture that exists in society so that the content of its values is in accordance with the characteristics of the Indonesian nation. Mediation is a procedure based on "good faith" where the disputing parties convey suggestions through channels on how the dispute will be resolved by the mediator, because they themselves are unable to do so. Through this freedom, it is possible for mediators to provide innovative solutions through a form of resolution that cannot be carried out by the court, but the parties to the dispute obtain mutual benefits.
LEGAL PROTECTION FOR FIXED-TERM CONTRACT WORKERS FOLLOWING THE ENACTMENT OF THE JOB CREATION LAW Farid Gemilang; Kunarto Kunarto; Kastubi Kastubi
Journal Philosophy of Law Vol 6, No 2 (2025): Journal of Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i2.7382

Abstract

Abstract The fixed-term employment agreement (Perjanjian Kerja Waktu Tertentu, PKWT) is one of the most common forms of employment relationship in Indonesia, particularly since the enactment of Law No. 11 of 2020 on Job Creation and Government Regulation No. 35 of 2021. This regulatory shift affords employers greater flexibility, yet simultaneously raises considerable challenges for maintaining adequate protection of fixed-term workers. This article examines the implementation of the fixed-term employment agreement following the Job Creation Law, focusing on contract duration, entitlement to compensation, access to social security, and the legal consequences of non-compliance. The study employs a normative legal method combining the statute approach, the conceptual approach, and the historical approach, drawing on primary, secondary, and tertiary legal materials analysed qualitatively. The findings show that although the government has introduced protective instruments such as end-of-contract compensation and the Job Loss Insurance programme, significant protection gaps persist, alongside employment-status uncertainty and weak field-level labour supervision. The role of the Manpower Office in supervising and resolving industrial disputes requires strengthening, together with regulatory refinement, so that fixed-term workers are better protected and more fairly treated. The article concludes that legal certainty for fixed-term workers cannot be achieved through compensation mechanisms alone, but requires a coherent supervisory architecture capable of closing the persistent gap between normative guarantee and workplace practice.
Progressive Legal Theory as A Foundation for the Protection of the Right to Health Within the National Legal System Nouval Rizky Saputra; Widyarini Indriasti Wardani; Kastubi Kastubi; Samuel Fabien Olivier Delapierre
Journal Philosophy of Law Vol 7, No 2 (2026): Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v7i2.7392

Abstract

Abstract The right to health is a fundamental right of citizens guaranteed within the national legal system, closely connected to the principle of the rule of law and to the constitutional goal of social welfare. In practice, however, the protection of the right to health continues to face considerable difficulty because of the dominance of a legalistic and formalistic approach to law, which produces a gap between legal norms and the actual reality of health service delivery. This article focuses on the concept and characteristics of Progressive Legal Theory, on the regulation and standing of the right to health within the national legal system, and on the relevance of Progressive Legal Theory as a normative and philosophical foundation for the protection of the right to health in Indonesia. The study employs a normative legal method combining the statute approach and the conceptual approach, drawing on primary, secondary, and tertiary legal materials analysed qualitatively. The discussion shows that Progressive Legal Theory, first articulated by Satjipto Rahardjo as a critique of legal positivism, regards law as an instrument for achieving substantive justice and social welfare rather than a mere instrument of formal certainty. The right to health has been regulated constitutionally in the 1945 Constitution of the Republic of Indonesia and reinforced through various sectoral regulations, yet its implementation continues to face structural and bureaucratic obstacles. Progressive Legal Theory is relevant for bridging the gap between legal norms and social reality through a contextual, justice-oriented, and humanity-centred interpretation of law. The study concludes that Progressive Legal Theory is a suitable foundation for strengthening the protection of the right to health within the national legal system, provided its application is anchored in verifiable doctrine and disciplined by the constitutional text it seeks to serve.
Co-Authors Farid Gemilang Juhari Juhari Kunarto Kunarto Nouval Rizky Saputra Samuel Fabien Olivier Delapierre Widyarini Indriasti Wardani