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Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights Tobing, Christina NM; Ginting, Sryani Br.; Melayu, Hasnul Arifin
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.97-128

Abstract

The Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights.
The Implementation of the Good Faith Principle in Unbalanced Banking Credit Agreements Based on Substantive Justice Ginting, Sryani Br.; Tobing, Christina N.M.
Global Legal Review Vol. 6 No. 1 (2026): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v6i1.10929

Abstract

Contracts as legal instruments, play a vital role in business activities, which can be viewed not only from a normative aspect but also through philosophical and economic dimensions. Ideally, the formation of contractual relationships is based on fundamental principles to ensure the realization of fairness and equity for all parties involved. One of the primary principles determining the quality of justice in a contract is good faith, which serves as a guideline for the interpretation and execution of agreements. This research aims to analyze the regulation of good faith in national contract law, examine its application in bank credit agreements which often exhibit an imbalance in the parties' positions and formulate a regulatory model oriented toward substantive justice. The research method employed is normative legal research. The approaches used include statutory, conceptual, and case-based approaches. The results indicate that the principle of good faith in Indonesian contract law (the Civil Code) possesses both juridical and philosophical meanings aligned with John Rawls’ theory of justice and the values of Pancasila. Good faith must be interpreted by judges in their rulings in concreto and systematically to ensure clarity of meaning through "judge-made law." This aligns with positivist schools of thought and the teachings of sociological jurisprudence. In judicial practice, judges tend to apply the principle of good faith contextually, particularly in resolving disputes involving imbalanced contracts, by considering the sense of justice, propriety, and the social conditions of the parties. Furthermore, judges play an active role in legal discovery (rechtsvinding) through progressive interpretation. Legal interpretation by judges may utilize legal hermeneutics that an incisive, profound, and holistic method of interpretation within the framework of unity between the text and its context. This research recommends the strengthening of normative regulations regarding good faith, specifically in bank credit agreements, as well as consistency in its application through jurisprudence and judicial guidelines to avoid disparity in court rulings.