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All Journal Journal Analytica Islamica Fox Justi : Jurnal Ilmu Hukum
Kamaluddin Simamora
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role Of Advocates In Realizing Justice In Indonesia Fauziah Lubis; Kurnia Fanny; Erwin, Erwin; Tasya Fadillah; Krisnadi Kusuma Suwandi; Franstogi Anugrahta Simbolon; Kamaluddin Simamora
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This study aims to analyze the role of advocates in realizing distributive justice and commutative justice, especially in the context of defending client rights in the legal system. The problem of this research focus on how advocates play a role in both types of justice, both in the fair distribution of resources ( distributive justice ) and in ensuring a balance of rights and Obsessions in relationships between individuals ( commutative justice ). This research is motivated by the strategic role of advocates in the justice system that can support the achievement of justice through defending the rights of individual and groups. Distributive justice is related to the fair distribution of resources, while commutative justice emphasizes the fulfillment of equal obligations in legal relationships between parties. This study uses a normative research method, namely by analyzing legal norms that regulate the role of advocates in realizing both types of justice, as well as various relevant legal literature. The roles of advocates shows that advocates have an important role in supporting distributive justice by helping marginalized or disadvantaged clients get their rights, and play a role in creating commutative justice by ensuring the exchange of rights and obligations between parties involved in the dispute. This study provides insight into the importance of the role of advocates in realizing more equitable and balanced justice in society.
LEGAL REVIEW OF THE RIGHTS OF ONLINE MOTORCYCLE JEK DRIVERS TO HOLIDAY BONUSES IN EMPLOYMENT RELATIONS BASED ON CIRCULAR LETTER OF THE MINISTER OF MANPOWER NO. M/3//HK.04.III/2025 Kamaluddin Simamora; Sahliah Sahliah
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28617

Abstract

The rapid expansion of application-based transportation has transformed employment relations in Indonesia, particularly in the digital partnership model between platform companies and online motorcycle taxi drivers. Unlike formal workers, online drivers are categorized as partners, thereby excluding them from structural entitlements such as religious holiday allowances (THR) under Minister of Manpower Regulation No. 6 of 2016. In 2025, the government issued Circular Letter of the Minister of Manpower No. M/3/HK.04.00/III/2025 encouraging platform companies to provide a religious holiday bonus equivalent to 20% of drivers’ average annual net income. This study aims to analyze the juridical status of the holiday bonus within Indonesia’s labor law framework and to examine its implementation and fairness in Medan City. Employing a normative-empirical method with a qualitative approach, this research integrates regulatory analysis, doctrinal legal review, and field interviews with online motorcycle taxi drivers. The findings indicate that the partnership status limits drivers’ formal labor rights; however, the ministerial circular represents an initial state intervention toward enhancing protection for workers in the digital informal sector. Empirical data reveal inconsistencies in implementation, lack of transparency, and disparities in bonus distribution, leading to perceptions of distributive injustice. The study contributes to labor law discourse by highlighting the need for clearer regulatory frameworks governing digital platform workers and strengthening legal protection mechanisms in Indonesia’s evolving gig economy.
Co-Authors Erwin Erwin Fauziah Lubis Franstogi Anugrahta Simbolon Krisnadi Kusuma Suwandi Kurnia Fanny Sahliah Sahliah Tasya Fadillah