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All Journal Mimbar Keadilan JURNAL PENDIDIKAN TAMBUSAI Jurnal Mengkaji Indonesia
Luis, Reinaldo Francisco
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Mimbar Keadilan

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Distributive Justice Analysis in the Context of Workers' Leave Time Regulation: A Legal Perspective Yaqin, Robith Ainul; Wahjoeono, Dipo; Luis, Reinaldo Francisco
Mimbar Keadilan Vol. 17 No. 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.10997

Abstract

The controversy surrounding Law No. 6/2023 revolves around the loss of the two-day weekend holiday entitlement for workers, the provision of only one day off in a six-day workweek, changes in working hours, which also affect rest time to only one day per week for a 6-day work schedule. The existence of a law should inherently provide fairness to society and contribute to the happiness of the people, but on the other hand, the government must also strive consistently to foster the economic growth of the population as a means to achieve social welfare. This research aims to investigate the regulation of workers' rest time under Law No. 6/2023 and to assess whether the provisions for rest time under Law No. 6/2023 have met the criteria of fairness for workers. To address these objectives, a normative juridical method with legislative and conceptual approaches is employed. Based on distributive justice theory, Law No. 13/2003 better reflects justice in labor relations in Indonesia as it considers basic needs, equality, and workers' contributions more comprehensively. Conversely, Law No. 6/2023, despite providing benefits to employers and potentially stimulating economic growth, appears to reduce the protection and welfare of workers, which can be deemed less fair according to distributive justice principles. Therefore, strict monitoring and improvements are necessary in the implementation of Law No. 6/2023 to ensure fairness for workers is maintained.
Law and Justice in Timor-Leste: Challenges and Prospects Luis, Reinaldo Francisco
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13134

Abstract

The legal and judicial system in Timor-Leste continues to face various structural and substantive challenges that hinder access to justice, particularly for communities in remote areas. The lack of judicial infrastructure, limited human resources, and the imbalance between customary legal mechanisms and the formal legal system are key factors that complicate the effective and equitable enforcement of the law. In the context of protecting vulnerable groups, such as women and children, the existing legal system has yet to fully provide optimal protection as mandated by the Constituição da República Democrática de Timor-Leste and other relevant legislation. This study aims to critically analyze the barriers and challenges to accessing justice in Timor-Leste and to evaluate the prospects for legal reform to enhance the effectiveness of the judicial system. Employing legal research methods and an empirical approach, this study examines the existing legal framework and its practical implementation through case studies and secondary data analysis. The findings reveal that the limited number of courts, the shortage of competent judges and prosecutors, and the unequal distribution of legal aid services constitute major obstacles within Timor-Leste’s judicial system. Furthermore, customary law—often the primary recourse for many communities—frequently conflicts with human rights principles, particularly regarding the protection of women and children. Legal reforms, including investments in judicial infrastructure, capacity building for law enforcement officials, and the harmonization of customary and formal legal systems, are essential to improving access to justice.
Co-Authors Cabral, Adino Nunes Dipo Wahjoeono, Dipo Rahman, Mohammad Akbar Maulana Ribeiro, António Soares Ruslie, Ahmad Sholikhin Yaqin, Robith Ainul