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All Journal Indonesian Journal of Law and Economics Review JIHAD : Jurnal Ilmu Hukum dan Administrasi Jurnal Ilmiah Wahana Pendidikan Jurnal Hukum Sehasen
Wardhana, Adi Pratomo Kusuma
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection Efforts of Employees Through the Social Security Administration Agency Rasji, Rasji; Wardhana, Adi Pratomo Kusuma
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7818

Abstract

Legal protection efforts for workers in Indonesia through the Social Security Agency on Health (BPJS) are one of the strategic steps in ensuring worker welfare, both in the formal and informal sectors. This study aims to analyze the company's obligation to register its workers in BPJS membership and the legal protection efforts that can be provided through social security programs organized by BPJS Kesehatan and BPJS Ketenagakerjaan. First, the company's obligation to register its workers in BPJS membership is regulated in Law Number 24 of 2011 concerning BPJS, which mandates that every company is required to register all its workers in the social security program. Although there are clear legal provisions, implementation in the field still faces challenges such as low awareness from some companies and workers themselves. Second, legal protection efforts for workers through BPJS can be seen from two main aspects, namely health insurance and employment insurance. The health insurance program provides protection for workers and their families from unexpected health risks, while employment insurance provides protection against socio-economic risks faced by workers, such as work accidents, death, or retirement. With this program, workers have the right to obtain health services and financial compensation that can ease the burden of life due to the occurrence of these risks. This study reveals that although BPJS plays an important role in providing legal protection for workers, there are challenges in its implementation, such as gaps in equal access to services and non-compliance by several companies with registration obligations. Therefore, stricter supervision, increased legal awareness, and stricter law enforcement are needed against companies that do not register their workers with BPJS. With these steps, it is hoped that the social security program can run effectively and provide maximum protection for workers in Indonesia. 
Analisis Yuridis Terhadap Penerapan Hukum Acara PTUN Dalam Putusan Nomor : 20/G/2020/PTUN-JKT Wardhana, Adi Pratomo Kusuma
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 1.D (2025): Jurnal Ilmiah Wahana Pendidikan 
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The existence of state administrative courts in various modern countries, especially Welfare State countries, is a milestone on which the hopes of the community or people are based to defend their material and immaterial interests or rights which are harmed by the actions of government agencies or officials due to government decisions. Which written or unwritten and/or factual acts of government administration carried out. The purpose of establishing a state administrative court is to provide legal protection for the people against actions by government agencies or officials that violate the law or human rights in the field of state administrative law. Apart from that, the state administrative court will also provide the same legal protection to government agencies or officials who act correctly and in accordance with applicable law.
Protection Of Victims' Rights In Cases Of Maltreatment That Resulted In Death: A Case Study Of Ronald Tannur Wardhana, Adi Pratomo Kusuma; Santoso, Agnellya Hendarmin; Joseph Sinatra, Tristan Canari; Nurwantoko, Endro Try; Andryawan, Andryawan
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7468

Abstract

This research aims to analyze how victims' rights are protected in Indonesia for cases that occur such as abuse and what laws can be imposed on the perpetrator through the case of Ronald Tannur who abused his girlfriend. The research method used in writing this paper is the normative legal research method (normative doctrinal-juridical). In this research, the author uses primary legal materials and secondary legal materials. In this research, the researcher used library materials as the main material for analyzing cases, and in conducting research. Normative legal research is a process of finding legal rules, legal principles and legal doctrines. The legal materials used in this research are primary legal materials and secondary legal materials. Primary legal materials include statutory regulations and official documents that contain legal provisions, while secondary legal materials are legal materials that provide explanations regarding primary legal materials. The results obtained in this research show that there are various legal bases that have been implemented in Indonesia, such as regulations that have been issued and stipulated by the government which regulate the protection of victims' rights, one of which is Undang-Undang (UU) Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban in Indonesia. Apart from that, there are articles from the Kitab Undang-Undang Hukum Pidana that can sentence such perpetrators to prison, such as Pasal 338 of the Kitab Undang-Undang Hukum Pidana.
Analisis Yuridis Terhadap Sengketa Penggunaan Merek Terkenal Pada Kasus Antara Gudang Garam dan Gudang Baru Wardhana, Adi Pratomo Kusuma
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 10 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11313045

Abstract

Legal certainty regarding the trademark dispute between Gudang Garam and Gudang Baru which is essentially similar to the Gudang Garam brand which is well known as a type of product in class 34, namely kretek cigarettes. The problems discussed in this research are how legal certainty is regarding the criteria for famous brands and the basic similarities of well-known trademarks in terms of the applicable laws and regulations, what legal efforts are taken by famous brand owners to obtain legal protection for violations of basic similarities, What is ithe legal certainty regarding the protection of well-known trademarks in the Gudang Garam and Gudang Baru trademark dispute. The criteria for determining the similarity of the main elements in a brand in Article 21 paragraph (2) letter a of Law Number 20 of 2016 concerning Trademarks and Geographical Indications are the similarity of images, sounds, names, words, letters, numbers, composition. color or a combination of these elements, whether for similar or dissimilar goods or services based on general public knowledge, brand reputation obtained due to large-scale promotion, and accompanied by proof of registration of the mark in several countries. Legal consequences if a mark is proven to be substantially similar or have overall similarities, then the consequence of what the idefendant did to the plaintiff's mark is that the mark can be canceled and the registration removed. Apart from that, the plaintiff can file a claim for compensation in the form of material compensation and immaterial compensation filed by the brand owner who feels that his rights have been harmed by a party who does not have rights in using his brand. Thus, resulting in the end of ilegal protection for the brand in question.
The Legal Status of Gig Economy Workers in Indonesia's Digital Platform Industry (2022-2025): Problematika Status Hukum Pekerja Gig Economy dalam Industri Platform Digital Indonesia (2022-2025) Wardhana, Adi Pratomo Kusuma; Rasji, Rasji
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1402

Abstract

General Background: The rapid expansion of Indonesia’s digital economy during 2022–2025 has intensified the reliance on gig-based labor across transportation, logistics, and on-demand services. Specific Background: Despite their substantial contribution, gig workers’ legal standing remains ambiguous because platform companies categorize them as “partners” while exercising algorithmic control resembling conventional employment. Knowledge Gap: Existing Indonesian labor regulations have not adapted to digital platform work, leaving uncertainty regarding worker rights, social protection, and dispute-resolution mechanisms. Aims: This study analyzes the legal status of gig workers in Indonesia’s platform industry and examines the legal problems arising from the absence of explicit regulatory recognition. Results: Findings show that gig workers fulfill substantive elements of employment—work, wage, and command—yet remain excluded from protections related to minimum income, social security, occupational safety, and industrial dispute settlement. Novelty: This research provides a comprehensive doctrinal analysis demonstrating that algorithmic management constitutes a form of digital subordination, positioning gig workers within disguised employment relationships under Indonesian labor law. Implications: Regulatory reform is urgently required to establish clear employment categories, ensure fair protection standards, and align national policy with global trends in safeguarding platform workers. Highlights: Gig workers exhibit substantive employment elements despite being labeled as partners. Algorithmic management creates digital subordination and economic dependency. Regulatory gaps leave gig workers without adequate social, wage, and dispute-resolution protections. Keywords: Gig Economy, Platform Work, Legal Status, Algorithmic Control, Labor Protection
Co-Authors Andryawan, Andryawan Joseph Sinatra, Tristan Canari Nurwantoko, Endro Try Rasji, Rasji Santoso, Agnellya Hendarmin