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Justice in Employment Law : A Philosophical Study of the Relationship Between Employers and Employees Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i1.529

This study examines justice in employment law from the perspective of legal philosophy, focusing on the relationship between employers and workers in Indonesia. Based on Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, justice in employment relations is considered as one of the manifestations of human rights that must be guaranteed by the state. However, in practice, the imbalance in the bargaining position between employers and workers often creates injustice, especially in wages, job protection, and the fulfillment of basic workers' rights. Through a legal philosophy approach, this study analyzes the application of the concepts of distributive, commutative, and retributive justice in employment relations. The results of the study show that although employment regulations, such as Law Number 13 of 2003 concerning Employment, have attempted to create justice, their implementation still faces various obstacles, including weak supervision and bias towards economic interests. This study has theoretical benefits in deepening the study of legal philosophy related to justice in industrial relations, as well as practical benefits in providing recommendations for policy makers to improve employment regulations. Thus, this research is expected to be a foundation for creating fairer and more balanced working relationships in Indonesia.

Regulation of Digital Employment Contracts in the Era of Digitalization : Legal and Legal Studies Implications for Worker Protection Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i1.530

The development of digitalization has brought significant changes in various aspects of life, including employment relations. One of the innovations that has emerged is the use of digital employment contracts as a replacement for paper-based contracts. Digital employment contracts offer flexibility and efficiency in modern employment relations. However, in Indonesia, legal regulations related to digital employment contracts still face major challenges, considering the absence of regulations that specifically accommodate this mechanism. Article 52 of Law No. 13 of 2003 concerning Manpower only regulates the requirements for the validity of an employment contract without mentioning the use of electronic documents, while Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE) has recognized the validity of electronic documents. This study aims to analyze the regulation of digital employment contracts in Indonesia, compare them with regulations in other countries, and provide policy recommendations to ensure legal protection for workers in the digitalization era. The method used is a normative legal approach with comparative legal analysis of countries such as the European Union and the United States. The results of the study show that although digital employment contracts are legally valid in Indonesia, there are still legal gaps related to the protection of workers' rights, supervision of implementation, and protection of personal data. Therefore, it is necessary to update regulations that are adaptive to technological developments, including the integration of the principles of justice, legal certainty, and protection of workers' rights in digital employment contracts.

Implications of Automation and Artificial Intelligence for Employment Law Politics Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.531

This study aims to examine the implications of automation and artificial intelligence (AI) on employment law politics in Indonesia, as well as their impact on employment structures and relationships. Along with rapid technological advances, especially in the fields of automation and AI, the world of employment is undergoing significant transformations that affect work models, employment contract arrangements, and worker protection. This study will identify how these technologies affect employment relationships, creating new opportunities, but also threatening the sustainability of jobs in certain sectors. This study uses a qualitative approach with descriptive analysis to understand the dynamics of change resulting from automation and AI, and their legal implications for workers and companies. The main focus of this study is to assess the extent to which employment policies in Indonesia can accommodate the new challenges arising from this technological shift, and how the existing employment law system needs to adapt to remain relevant and effective. The findings of this study are expected to contribute to policymakers, legal practitioners, and academics, by providing recommendations on how employment policies in Indonesia can be updated to anticipate the negative impacts of technology, protect workers' rights, and create social justice in an increasingly digitalized world of work. This research will also provide an overview of the role of technology in shaping future industrial relations and regulations, and propose a legal framework that is adaptive to the development of automation and artificial intelligence in Indonesia.

LEGAL ANALYSIS OF THE LEGALITY OF MODIFYING AND RESELLING CREATIVE COMMONS-LICENSED DIGITAL PRODUCTS Nurdiyansyah Sunandar, Firman; Herman Setiawan, Andri; Juaeni, Ahmad; Triestanto, Johannes
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 3 (2025): Vol. 2 No. 3 Edisi Juli 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i3.1150

The rapid proliferation of digital markets has intensified legal challenges surrounding the modification and resale of Creative Commons–licensed digital products in Indonesia. This study conducts a doctrinal analysis of the Indonesian Copyright ActLaw No. 28 of 2014) in light of comparative jurisprudence from Japan, Taiwan, and the United States, elucidating how civil-law and common-law systems treat CC licenses. It examines recurring issues ambiguities in “derivative works,” conflicts between non-commercial and commercial exploitation clauses, and failures to observe attribution requirements through practical case studies of software, e-books, music, and video tutorials. Drawing on Satjipto Rahardjo’s progressive legal theory, the research argues for a functional, transformative approach that aligns domestic copyright doctrine with globally harmonized open-licensing principles and substantive justice. The analysis reveals that, under Indonesian law, permissibility hinges on strict adherence to each license’s specific terms; however, current regulations lack clarity, generating legal uncertainty for both creators and users. To address these gaps, the study proposes interpretative guidelines and legislative reforms that (1) define “derivative works” in accord with CC International’s porting model, (2) reconcile non-commercial provisions with legitimate digital markets, and (3) institutionalize attribution standards. Such measures would safeguard creators’ moral and economic rights while fostering equitable digital access and innovation, thereby enhancing Indonesia’s knowledge economy.

Data Arbitration in the Digital Economy: The Need for a Specialized Data Dispute Arbitration Forum in Indonesia Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.722

The rapid expansion of Indonesia’s digital economy and the enactment of the Personal Data Protection Law (Law 27/2022) have exposed significant shortcomings in the resolution of data-related disputes under existing judicial and administrative frameworks. Public adjudication of sensitive data conflicts can erode trust, impose reputational damage, and delay reparative outcomes, while courts often lack specialized expertise in technology and privacy. Drawing upon international precedents including the European Data Protection Board’s Article 65 GDPR mechanism, the EU–US Data Privacy Framework arbitration annex, and the European Patent Office’s data-protection arbitration rules this study examines the urgency and feasibility of establishing a dedicated Data Dispute Arbitration Forum in Indonesia. Through comparative analysis, it identifies core design elements such as expert-appointed tribunals, streamlined online procedures, confidentiality safeguards, clear enforcement under the New York Con-vention, and mechanisms for restorative remedies beyond fines. Anchored in Pancasila’s social-justice ethos and Indonesia’s ADR law (Law 30/1999) and ITE Law, the proposed institutional architecture integrates online dispute resolution (ODR) protocols, data-minimization and cybersecurity guidelines, and publicly anonymized award publication to foster legal certainty and raise awareness of data-protection obligations. A stakeholder impact assessment demonstrates that such a forum would benefit individual data subjects through low-cost, expeditious relief; controllers and processors through predictability and trade-secret protection; regulators through expert findings; and foreign investors through alignment with global data-governance standards. By aligning domestic legal values with international best practices, the specialized forum promises to bolster enforcement, restore public trust, and strengthen Indonesia’s competitiveness in the global digital marketplace.

Analysis of Digital Employment Contracts on Gig Economy Platforms: Between Flexibility and Exploitation Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.723

This research examines the legal framework governing digital employment contracts on gig economy platforms, with particular focus on the tension between operational flexibility and worker protection within the Indonesian legal context. The study employs comparative legal analysis methodology, exam-ining Indonesia's regulatory approach against international frameworks including the European Union's Platform Work Directive (2024), California's AB5 legislation, France's flexicurity model, and Spain's Rider Law. The research analyzes the employment status classification challenges faced by approximately 2.5 million Indonesian gig workers who operate within a legal gray area between traditional employment and genuine self-employment. The investigation reveals that Indonesia's current regulatory framework lacks comprehensive provisions addressing platform-mediated work relationships, creating significant legal ambiguity regarding worker rights and protections. Through comparative analysis, the study demonstrates that jurisdictions implementing presumption-based employment tests, such as California's ABC test, have successfully reduced misclassification by reversing the burden of proof onto hiring entities. The research identifies that the absence of clear classification criteria in Indonesian law undermines constitutional principles of social justice and equal protection as enshrined in Articles 27(2) and 28D(2) of the 1945 Constitution.The study concludes that Indonesia requires adaptive legislation that establishes rebuttable presumptions of employment for platform workers while maintaining appropriate flexibility for genuine entrepreneurial activities. The primary legal insight reveals that effective regulatory frameworks must in-corporate algorithmic transparency requirements, collective bargaining mechanisms, and social security provisions. The research recommends implementing a presumption-based classification system similar to the ABC test, coupled with mandatory platform engagement with elected worker representatives on tariffs and working conditions, thereby ensuring fundamental labor protections without stifling technological innovation.

ANALISIS HAK AKSES TERHADAP INFORMASI YANG TERDAPAT DALAM REKAM MEDIS DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Firman Nurdiyansyah Sunandar
Journal of Innovation Research and Knowledge Vol. 4 No. 1: Juni 2024
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v4i1.8510

It is mandatory for medical facilities to provide emergency care. The role of the medical record is to serve as a guide for every step of health care that is required in medical practice. It is carried out by medical staff members, assessing their professionalism, cleanliness, and accuracy. Furthermore, this also serves as a gauge of the quality of health care. One relevant and appropriate way to ensure that every person understands the comprehensive and reliable information provided about health services is to create a written document. An effective medical record can help patients receive professional care while also reducing quality, duration, and dose as well as aiding in data collection, pidana, and etik code entry processes. In paragraph (1) of Section 297 of the Health Law, it is stated that the medical records belong to the Health Care Facilities Department. Article 297 paragraph (2) Health Law was then discussed

Analisis Perlindungan Hukum Terhadap Debitor Dengan Jaminan Fidusia Atas Kendaraan Bermotor Di Indonesia Abdul Muin; Iwan Hermawan; Tamin Tisna; Firman Nurdiyansyah Sunandar
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.4912

Financial institutions, both banks and non-banks, play a strategic role in business transactions in today's modern era. Almost no business activity today requires the services of financial institutions and banks, as the current transaction system is slowly shifting from manual transactions to digital transaction systems using electronic devices and internet connections. This reality is triggered by several reasons, including the fact that digital transaction systems are seen as providing greater convenience, speed, and practicality because they can be done anytime and anywhere without being limited by space and time. In providing credit, there is certainly an agreement and also a guarantee. One well-known guarantee institution is "Fiducia". The government has implemented credit policies through financial institutions, both government-owned and private, which can provide credit with low interest rates and easy requirements and other things. Fiducia itself is an old term that is already known in Indonesian. According to Law Number 42 of 1999 concerning Fiducia Guarantees, this is also called the term "transfer of ownership rights in trust." This study aims to analyze the settlement of debtor defaults in financing agreements with fiduciary collateral for four-wheeled vehicles based on the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees. This study uses a normative juridical method with a statutory and conceptual approach. The results indicate that default settlement can be carried out through the execution of the fiduciary collateral object based on a Fiduciary Guarantee Certificate, which has executorial power as stipulated in Article 29 of the Fiduciary Guarantee Law.

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