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All Journal Legislatif Acten Journal Law Review
Ferencia, Viony
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Hukum dan Psikologis Penerapan Praktik Outsourcing Berdasarkan Undang-Undang Cipta Kerja Terhadap Pekerja/Buruh Sitanggang, Tio Theresia; Simanullang, R.A. Hotmartua; Ferencia, Viony
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

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Abstract

The provisions in Article 64 of Law No. 13/2003 on Manpower regulate work agreements between companies that have the ability to hand over part of the execution of work to other companies through the mechanism of a work contract or the provision of worker/labor services, which is often referred to as an “outsourcing contract”. However, outsourcing schemes pose a great risk to workers/laborers, as indicated by legal uncertainty regarding the existence of outsourced workers/laborers and the increased possibility of job insecurity. Changes to the Manpower Law in Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 still fail to meet the expectations of workers/laborers regarding the outsourcing system This research uses a normative legal research approach with the method of analyzing regulations in the Manpower Law and its comparison with the Cipta Kerja Law. The results of this study show that: firstly, national development aims to create welfare through employment, but outsourcing practices often harm workers by not guaranteeing their rights; secondly, changes to outsourcing-related regulations in the UUCK have cut worker protections, leading to uncertainty over working status and increased stress and anxiety that reduce worker performance; and thirdly, the many issues of outsourcing practices have led to a number of problems.
URGENSI PENGATURAN MENGENAI LARANGAN DISKRIMINASI USIA DALAM PROSES REKRUTMEN DI INDONESIA Simanullang, R. A Hotmartua; Sitanggang, Tio Theresia; Ferencia, Viony; Tambunan, Johannes Leonard; Wibowo, Bagus Sultan; Afnila; Yusrin
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

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Age discrimination in recruitment processes remains a significant issue in Indonesia, where many companies set age limits for job seekers. This practice is allowed under Article 35 of Law 13/2003, which grants employers the freedom to establish their own job requirements, resulting in injustice and limiting job opportunities for older individuals. This study uses a normative legal research approach, analyzing age discrimination regulations in various countries, as well as an analysis of Constitutional Court Decision Number 35/PUU-XXII/2024 and a conceptual approach to develop an anti-discrimination legal framework. The results show that age restrictions in recruitment are discriminatory, failing to provide legal justice, certainty, and benefits for job seekers. Legal studies of other countries regulations reveal that countries like the Philippines and Germany have explicit laws prohibiting age-based discrimination in employment. Although the Constitutional Court rejected the claim that Article 35 of Law 13/2003 is unconstitutional, a dissenting opinion from the judge highlighted the subjectivity of age-based requirements. This underscores the need for legislative reforms in Indonesia to establish clear anti-age discrimination laws, ensuring fairness and equal opportunities in recruitment processes. Therefore, it is crucial to implement policies that focus on job seekers competencies, experience, and skills, without being influenced by age.
Perlindungan Hukum Bagi Direksi Yang Diberhentikan Melalui Keputusan Sirkuler Yang Tidak Sah: Studi Perbandingan Indonesia, Singapura, Britania Raya, dan Australia Ferencia, Viony; Azwar, Tengku Keizerina Devi; Windha
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.38

Abstract

Circular resolution is one of the decision-making mechanisms by shareholders other than the GMS has become one of the mechanisms often used by shareholders to make decisions in limited companies. However, the use of circular resolutions is inseparable from potential juridical problems, among others related to abuse of authority, especially in the context of dismissal of members of the board of directors. This article aims to examine the utilization of circular resolutions in the limited liability company system in Indonesia, both in terms of normative application and risk implications. In addition, this research also compares the legal systems in Singapore, the United Kingdom, and Australia in order to obtain a more comprehensive perspective on the regulation of the circular resolution mechanism. The method used is normative law. The nature of the research is prescriptive using secondary data obtained through data collection and data analysis techniques. The research approach uses a statutory approach, case approach, and comparative approach. The results show that legal protection for directors who are dismissed through circular decisions is not yet optimal. This is due to the regulation regarding circular decisions in Indonesia which is currently limited to only 1 (one) article, and there is no further regulation regarding procedures, time periods, and no restrictions on the use of circular decisions, so that it has the potential to cause legal uncertainty and less than optimal legal protection for PT directors in Indonesia. Therefore, to ensure legal certainty and optimal legal protection for directors, it is necessary to have bright and clear arrangements related to circular decisions that present progressive positive law in mitigating the risk of misuse of circular decisions in Indonesia.
Co-Authors Afnila Azwar, Tengku Keizerina Devi Simanullang, R. A Hotmartua Simanullang, R.A. Hotmartua Sitanggang, Tio Theresia Tambunan, Johannes Leonard Wibowo, Bagus Sultan Windha Yusrin