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All Journal Law Development Journal Media Hukum Indonesia (MHI)
Arjuna, Muhammad Gaung Syah
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Humanities Law, Crime, Criminology & Criminal Justice

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Hak Pekerja di Era Gig Economy : Perlindungan Hukum Bagi Pekerja Lepas dan Kontrak Latri, Akhdan Adityo; Riyanto, Rajwa Khaicirinu; Firdaus, Muhammad Bintang; Arjuna, Muhammad Gaung Syah
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.11770886

Abstract

Reflecting a paradigm shift in the way people look for work as well as a profound transformation in global economic change, the Gig Economy has become a highly sought after labor market. The gig economy is a job market that relies heavily on the role of independent contractors or contract workers and freelancers to fill temporary and part-time positions. Behind the advantages of the Gig Economy phenomenon, significant challenges are often hidden, especially in terms of legal protection. Therefore, the author conducted studies and research on how Labor Law in Indonesia protects workers in the Gig Economy Era. The writing method that the author uses is qualitative with literature study. Based on the results obtained from the literature, the author can conclude that currently, there is no law in Indonesia that specifically regulates worker protection in the gig economy sector, nor has there been any significant regulatory development related to partnership relations in Indonesia. In fact, the growth of gig economy workers in Indonesia is quite rapid. Gig workers may be protected by the Employment Law, which regulates employment relations between workers and employers. Although gig workers are considered partners, they have rights as employees.
Implementation of The Non-Discrimination Principle Towards Layoffs (Termination of Employment) UNILAY (Case Study on PT. Yihong Novatex Indonesia Layoffs 1,126 Workers) Arjuna, Muhammad Gaung Syah; Joesoef, Iwan Erar
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.551-561

Abstract

This study discusses the case of unilateral termination of employment by PT Yihong Novatex Indonesia against more than 1,100 workers, which has sparked a debate over legality and fairness in industrial relations. PT Yihong Novatex Indonesia, a Chinese foreign-invested company in the textile and footwear industry, carried out mass layoffs on the grounds of operational efficiency due to a decline in orders and production disruptions. However, this action was deemed inconsistent with Law No. 6 of 2023 concerning the Stipulation of Government Regulation in Law No. 2 of 2022 concerning Job Creation into Law (Job Creation Law) because it did not meet the elements of proof of efficiency, was not carried out through negotiations with the labor union, and was not accompanied by the provision of normative workers' rights such as severity pay. This study uses a normative legal method with a statute approach. Data was obtained through literature review and interviews with legal experts. The results of the study show that the unilateral termination of employment by PT Yihong Novatex Indonesia is not in line with the principles of non-discrimination and worker protection, and there are indications of union busting practices that violate Article 28E paragraph (3) of the 1945 Constitution and Law No. 21 of 2000 concerning Labor Unions. In conclusion, the unilateral termination of employment by PT Yihong Novatex Indonesia does not reflect justice and legal certainty for workers. The settlement of the case through the Bandung Industrial Relations Court (PHI) is an important step in enforcing fair labor laws and strengthening the protection of workers' rights to organize and their welfare in Indonesia.
Co-Authors Firdaus, Muhammad Bintang Iwan Erar Joesoef Latri, Akhdan Adityo Riyanto, Rajwa Khaicirinu