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All Journal Jurnal Suara Hukum Indonesian Journal of Labour law and Industrial Relations Indonesian Journal of Sport Law
Ikram, Denial
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Law, Crime, Criminology & Criminal Justice Other

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Discrimination Related to Labour Age Limitation in Indonesia: A Human Rights and Comparative Law Perspective Prasetio, Dicky Eko; Masnun, Muh. Ali; Nugroho, Arinto; Ikram, Denial; Noviyanti, Noviyanti
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p228-254

Abstract

The existence of a maximum age limit for job applications in Indonesia presents societal challenges, as it has the potential to engender age-based discrimination, or ageism. This study aims to analyze the ratio decidendi of Constitutional Court Decision No. 35/PUU-XXII/2024, which addresses the maximum age limit for employment applications, while also examining human rights perspectives and legal comparisons related to maximum age limits in job vacancies in Indonesia. This research employs a normative legal methodology, utilizing case analysis, conceptual frameworks, legislative review, and comparative legal studies. The findings affirm that the ratio decidendi in Constitutional Court Decision No. 35/PUU-XXII/2024 concerning age limitations for certain job applications does not constitute discrimination, as age-based discrimination is not yet legislated in Indonesia. The maximum age limit in job vacancies can be classified as a form of ageism, which represents a type of discrimination based on age that should not be applied in the employment sector. Many countries, including Singapore, the Philippines, the United States, and Germany, have legislatively prohibited ageism and various forms of discrimination in job requirements and employment relationships. This study recommends that lawmakers revise the Labor Law to include ageism as a discriminatory practice. Keywords: Ageism, Human Rights, Employment, Comparative Law.
Validity Of Overtime Beyond The Established Regulations Based On Employment Agreement At PT TKB Tasya Destinasari; Ikram, Denial
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i02.36557

Abstract

This study examines the implementation of overtime work policies at PT TKB, a Food and Beverage company operating in Surabaya, with a focus on the "Store Keeper" position. The issue arises as the company imposes a 12-hour daily work schedule or 72 hours per week, as agreed upon in the employment contract, without providing overtime pay. This policy is based on the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number Kep.102/MEN/VI/2004, which exempts workers with certain responsibilities from receiving overtime wages. However, this raises questions regarding compliance with labor laws, particularly Law Number 6 of 2023. The study aims to analyze whether PT TKB's work-hour implementation aligns with applicable labor regulations and how legal protection is provided to workers under agreements that exceed standard work-hour provisions. The results of this research are expected to provide guidance for relevant stakeholders in ensuring that company policies comply with labor laws while enhancing the welfare and protection of workers' rights.
Analysis of Norm Conflict Between Law Number 11 of 2022 Concerning Sports and the Regulation of the Minister of Youth and Sports Number 14 of 2024 Concerning Management Standards for Sports Organizations within the Scope of Achievement Sports Ikram, Denial; Sri Undy Mahardika, I Made; Hyma Puspytasar, Heppy
Indonesian Journal of Sports Law Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v2i01.40810

Abstract

This research analyzes the norm conflict between Law Number 11 of 2022 concerning Sports (Law 11/2022) and the Regulation of the Minister of Youth and Sports Number 14 of 2024 concerning Management Standards for Sports Organizations within the Scope of Achievement Sports (Permenpora No. 14 of 2024). The main objective is to identify potential normative contradictions and their implications for the autonomy and governance of achievement sports organizations in Indonesia. The analysis finds that a number of provisions in Permenpora No. 14 of 2024, such as the requirement for ministerial recommendations/approvals for internal organizational processes (congresses, changes to statutes/bylaws, legal entity ratification, changes in management), the minister's authority to intervene in internal disputes and form transition teams, and the establishment of detailed management criteria, potentially conflict with the principle of independence for sports organizations mandated by Law 11/2022. By applying the principle of lex superior derogat legi inferiori, it is concluded that the provisions of Permenpora No. 14 of 2024 that contradict Law 11/2022 are juridically null and void by law. This norm conflict has implications for the erosion of sports organizations' autonomy, the risk of excessive government intervention, legal uncertainty, and potential misalignment with international sports governance principles. It is recommended that Permenpora No. 14 of 2024 be comprehensively reviewed and revised to align with Law 11/2022, to ensure that management standards strengthen good governance without sacrificing the fundamental independence of sports organizations.
Co-Authors Arinto Nugroho Hyma Puspytasar, Heppy Masnun, Muh. Ali Noviyanti Noviyanti, Noviyanti Prasetio, Dicky Eko Sri Undy Mahardika, I Made Tasya Destinasari