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All Journal Media Hukum Indonesia (MHI)
Podungge, Khalisyah Amara
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Law, Crime, Criminology & Criminal Justice

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Implikasi Hukum Terhadap Hak Pekerja Harian Lepas di Era Digital: Perspektif Hukum Ketenagakerjaan Wildan, Ahmad; Hayat, Gian Muzakir; Podungge, Khalisyah Amara
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12599595

Abstract

The digital era has changed many aspects of life, including the world of work, with the emergence of new work models such as working from home and remote work. The three main factors driving this change are technological disruption, technological adaptation, and work transformation, which have been amplified by the pandemic. Freelance work is becoming increasingly common, but is often not accompanied by adequate regulations to protect workers' rights. This research aims to analyze how labor regulations can be adapted to accommodate the new realities of the digital era and provide better protection for freelance workers. The method used is descriptive analysis with a normative juridical approach, examining labor regulations in Indonesia. The research results show that although technological advances bring benefits, many freelancers face legal status protection and lack of rights protection. More effective and comprehensive regulations are needed, as well as cooperation between governments, employers, academics and legal experts to create a fairer and more sustainable work environment.
Tindakan Wanprestasi Penyalahgunaan Keadaan oleh Developer Rumah pada Perjanjian Pengikatan Jual Beli: Studi Kasus Perkara No. 507/PDT/2017/PT.BDG Adfari, Tsabitah Rahmah; Putri, Cinta Aisyah; Wicaksana, Dika Hikmah; Podungge, Khalisyah Amara; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15600671

Abstract

The Sale and Purchase Binding Agreement (PPJB) is a common instrument in property transactions in Indonesia, but is vulnerable to disputes, including acts of default and abuse of circumstances (misbruik van omstandigheden) by the developer. This normative legal research aims to analyse the forms of abuse of circumstances committed by developers in PPJB and the legal remedies that can be taken by aggrieved buyers. Using statutory, conceptual, and case study approaches (Decision No. 507/PDT/2017/PT.BDG), this research examines how developers can exploit their dominant position. The analysis shows that the developer's actions such as repeatedly delaying the handover of the unit despite the full payment, as well as filing a counterclaim against the buyer to avoid liability, can be categorised as an abuse of circumstances. These practices, which often take advantage of the imbalance of bargaining power, violate the principle of good faith and cause harm to consumers. Although not explicitly regulated in the Civil Code, this doctrine is relevant. The main remedy for buyers is through tort actions, demanding fulfilment of the agreement, compensation, or cancellation of the contract, where the argument of abuse of circumstances can strengthen the buyer's position in seeking justice.
Co-Authors Adfari, Tsabitah Rahmah Ahmad Wildan, Ahmad Dwi Desi Yayi Tarina Hayat, Gian Muzakir Putri, Cinta Aisyah Wicaksana, Dika Hikmah