Hia, Imelda Indah Putri
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Implikasi Hukum Terhadap Kontrak Kerja Fleksibel, Antara Kesejahteraan Pekerja dan Kepentingan Bisnis Hia, Imelda Indah Putri
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.11395017

Abstract

In today's workplace, flexible work arrangements have become one of the most common phenomena. This type of contracting provides a freeze for companies to adapt their workforce to market conditions, but it also often creates complex legal requirements. This article reveals the application of the law to flexible work arrangements by highlighting employee work ethics and business needs. First, an analysis will be conducted on how flexible work arrangements affect employees' work-related stress, including stress-related health problems, social stress, and economic stability. Second, an understanding of the laws of business needs, such as operational openness, cost efficiency, and market adaptability, will be discussed. Next, this article will examine the relationship between these two aspects, the importance of business ethics and employee ethics as well as the challenges that arise in achieving a balance between the two aspects mentioned above. By exploring a deeper understanding of the legal essence of flexible work contracts, this article is expected to provide guidance for policy companies, legal practitioners, and parties involved in the work environment to ensure fairness and balance between the interests of workers and business.
A Comparison of the Concept of Justice in Natural Law and Positive Law: Its Relevance to Law Enforcement Practices in Indonesia Hia, Imelda Indah Putri; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17645254

Abstract

This research is motivated by the tension between formal legal certainty and demands for substantive justice in law enforcement practices in Indonesia. This study aims to analyze and compare the concepts of justice from the perspectives of natural law and positive law, and to assess their relevance in the national legal system. The research method used is normative juridical with a descriptive-analytical approach through a literature review of primary, secondary, and tertiary legal materials. The results show that natural law emphasizes justice based on universal moral principles (substantial justice), while positive law focuses on compliance with formal procedures and norms (procedural justice). The Indonesian legal system, based on Pancasila, conceptually seeks to synthesize these two perspectives, as reflected in the obligation of judges to explore the values of social justice. However, the dominance of legal positivism still creates a gap between legal certainty and a sense of social justice. The implications of this research emphasize the need for a balance between legal certainty and moral justice to make Indonesian law more meaningful and substantively just.