Syahwal, Syahwal
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Journal : The Indonesian Journal of International Clinical Legal Education

Transfer of Undertaking Protection of Employment: Ideas and Praxis Syahwal, Syahwal; Rofi Wahanisa; Septhian Eka Adiyatma; Alleandria La Graha
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.14315

Abstract

The discussion in this article departs from the issues about the continuity of work of outsourced workers who are trying to be protected by the principle of Transfer of Undertaking Protection of Employment. The articles were prepared non-doctrinally in order to address the issue by incorporating outsourced workers by using the interview method and the statute approach. As a result, the TUPE principle failed to provide protection to outsourced workers. Which failure results from the practice of terminating the work agreement when the contract of business cooperation ends. Furthermore, the protection of the continuity of work for outsourced workers is based only on the moral obligations of the new outsourcing company. Based on the causes of this failure, the development of labour law must impose legal obligations on new outsourcing companies by incorporating the TUPE clause into the contract of business cooperation between the outsourcing company and the user company.
Worship in the Shadow of Capital: Neoliberalism and the Fate of Religious Freedom in Indonesia Syahwal, Syahwal
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 1 (2025): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i1.25745

Abstract

This article examines how neoliberal logic influences the articulation and implementation of the right to freedom of religion in Indonesia. Through a non-doctrinal approach and critical analysis of legal frameworks and institutional practices, it demonstrates that neoliberalism not only permeates the economic sphere but also redefines human rights, including religious freedom. Under the neoliberal regime, religious freedom is reduced to an individual preference subject to market logic and commodified within the frameworks of consumption and political stability. The state tends to adopt a passive or selective stance in protecting religious groups, privileging those aligned with dominant economic-political interests while restricting those perceived as disruptive to stability or oppositional to the status quo. Religious freedom is thus politicized, used as a tool for regime legitimacy, and controlled through administrative, symbolic, and economic mechanisms. This article highlights that genuine religious freedom cannot be realized without inclusive democracy, social justice, and the protection of pluralism. Therefore, structural efforts are necessary to liberate religious freedom from neoliberal constraints so that this right can be substantively and equitably exercised within Indonesia’s pluralistic society.