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

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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.
Legal Reform of Legal Profession Amidst the Development of Artificial Intelligence in Indonesia: The Perspective of Mesu Budi's Philosophy of Law Masnun, Muh. Ali; Prasetio, Dicky Eko; Ikram, Denial; Aqdamuyasyaro P, Puja
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.72355

Abstract

The use of Artificial Intelligence (AI) within the legal profession raises significant concerns about whether the extensive application of AI could potentially replace human roles in this field. This study aims to analyze the challenges and dynamics associated with the implementation of AI in the legal profession, and to compare AI regulations across Indonesia, Malaysia, and the European Union. This research is a normative legal study employing conceptual, case-based, and legislative approaches. The findings affirm that AI will not replace the role of humans in the legal profession. As an officium nobile, the legal profession inherently requires moral, humanitarian, and value-based considerations that can only be performed by humans. The presence of "mesu budi"—a concept reflecting comprehensive utilization of IQ, EQ, and SQ—underscores that these facets are uniquely human and cannot be substituted by AI. The comparative analysis of AI regulations between Indonesia, Malaysia, and the European Union reveals that Indonesia's regulatory framework is lagging and lacks specific provisions regarding the use of AI in the legal profession. This study recommends the establishment of dedicated regulations for AI, particularly concerning its application in legal professions and associated accountability measures.
Co-Authors Aqdamuyasyaro P, Puja Arinto Nugroho Masnun, Muh. Ali Noviyanti Noviyanti, Noviyanti Prasetio, Dicky Eko Tasya Destinasari