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Comparison between Customary Legal Systems and Modern Legal Systems in the Context of Globalization Triasmono, Hari; Ruslie, Ahmad Sholikhin
International Journal of Law and Society Vol 3 No 1 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i1.76

The transformation of traditional legal systems is an essential issue in the context of globalization that affects the sustainability of conventional and modern legal systems. A comparison between these two legal systems can provide valuable insights into efforts to understand the impact of this transformation. This research aims to analyze the differences and similarities between customary legal systems and modern legal systems in the context of globalization and to understand the impact of the transformation of traditional legal systems on society and legal policy. This type of research is comparative research with a qualitative approach. Data was obtained from document studies, interviews and literature studies. Data analysis in this research was carried out using a comparative method, namely comparing data received from the customary and modern legal systems. The research results show that the transformation of traditional legal systems in the context of globalization has given rise to new dynamics between customary and contemporary legal systems. The pressure of globalization makes traditional legal systems adapt to modern legal standards, threatening the validity of customary legal systems. However, globalization also opens the door to changes in traditional legal systems, creating complexity when comparing the two legal systems.

Konsep Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Prinsip Keadilan Proporsional Triasmono, Hari; Warka, Made; Setyaji, Sri; Hufron, Hufron
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11880

This study aims to analyze the regulation of Fixed-Term Employment Agreements (PKWT) based on the principle of proportional justice in the Indonesian labor law system. This principle emphasizes the importance of a balance between the rights of employers to business flexibility and the rights of workers to protection and job security. This study uses a normative legal method with a statutory, conceptual, philosophical, historical approach, as well as a case and comparative approach. The primary legal materials analyzed include the Employment Law, the Job Creation Law, and the Constitutional Court Decision Number 168/PUU-XXI/2023. The results of the study show that changes to the regulation of PKWT through the Job Creation Law, especially the elimination of the maximum duration limit for extension, have created legal uncertainty for workers and opened up opportunities for abuse by employers. PKWT that is not strictly limited has the potential to harm workers, especially in terms of compensation and social security rights. Current regulations tend to favor employer flexibility, so there needs to be a rearrangement that prioritizes the principle of proportional justice. This justice must be reflected in the limitation of the use of PKWT for work that is truly temporary, the provision of adequate compensation, and strict supervision by the state. Theoretically, this finding confirms that employment law must be based on social justice that places humans at the center of policy, not merely objects of the labor market.

Legal Reforms for Preventing Employer Abuse: Crafting a Socially Just Employment Law Framework Triasmono, Hari; Mangesti, Yovita Arie; Febriansyah, Ferry Irawan; Tomlins, Richard; Nawang, Nazli Bin Ismail
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4321

This research aims to examine the role of employment law in overcoming the challenges of abuse of power by employers to build a legal framework that is socially just. This challenge is in focus because of its impact on imbalances in employment and labour relations. In this context, labour law has an important role in protecting workers' rights and preventing abuse of power by employers in the corridor of legal reform that provides social justice. The research method used is a normative legal approach. Through analysis of various legal regulations, court decisions, and related literature, this research seeks a comprehensive understanding of the concept of employment law and its relevance in overcoming the challenges faced. The novelty of this research lies in its holistic approach, integrating social justice, proactive prevention, technology use, and worker participation in employment law reforms to prevent employer abuse, ensuring comprehensive and fair protection for all workers. The research results show that labour law plays a crucial role in ensuring social justice in the work environment and in carrying out legal reforms. Clear regulations and effective law enforcement are key to preventing abuse of power by employers and protecting workers' rights. Thus, labour law is not only an instrument of protection but also a foundation for building a legal framework that is socially just. In conclusion, comprehensive labor law implementation and collaboration among government, employers, and workers are essential for creating a fairer and more socially just work environment.

Konsep Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Prinsip Keadilan Proporsional Triasmono, Hari; Warka, Made; Setyaji, Sri; Hufron, Hufron
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11880

This study aims to analyze the regulation of Fixed-Term Employment Agreements (PKWT) based on the principle of proportional justice in the Indonesian labor law system. This principle emphasizes the importance of a balance between the rights of employers to business flexibility and the rights of workers to protection and job security. This study uses a normative legal method with a statutory, conceptual, philosophical, historical approach, as well as a case and comparative approach. The primary legal materials analyzed include the Employment Law, the Job Creation Law, and the Constitutional Court Decision Number 168/PUU-XXI/2023. The results of the study show that changes to the regulation of PKWT through the Job Creation Law, especially the elimination of the maximum duration limit for extension, have created legal uncertainty for workers and opened up opportunities for abuse by employers. PKWT that is not strictly limited has the potential to harm workers, especially in terms of compensation and social security rights. Current regulations tend to favor employer flexibility, so there needs to be a rearrangement that prioritizes the principle of proportional justice. This justice must be reflected in the limitation of the use of PKWT for work that is truly temporary, the provision of adequate compensation, and strict supervision by the state. Theoretically, this finding confirms that employment law must be based on social justice that places humans at the center of policy, not merely objects of the labor market.

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