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Politik Hukum Sistem Upah Kerja Menurut Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Taufiq Alamsyah; Beni Ahmad Saebani
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 2 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i2.1343

Abstract

Labor problems both nationally and internationally in various countries are a common problem that has never been resolved properly, this happens both in developing and developed countries. Employment problems that occur in various developed and developing countries have different characteristics, this can be influenced by various fields of life in the association of human life in society and influenced by ideology, politics, law, social economy, and culture as well as the influence of the development of globalization which is very increasing and fast. The development of globalization in the field of technology and information as one that contributes to the field of employment. One of them is seen in the rapid development of globalization today in the life of society nationally and internationally, which has a major influence on the continuous association of human life and has an impact in all fields of activity in the fields of religion, economy, politics, law, social culture, and other activities nationally and internationally. The relationship between employer and employee in Islamic law is based on equal humanity. Although the structure of the company shows a hierarchy between capital owners, shareholders, and workers, Islam emphasizes that both parties are on the same level of humanity. The relationship between employer and employee is seen as a family relationship, partnership, and symbiotic mutualism. However, at present, the implementation of Law No. 6 of 2023 concerning Job Creation, especially in the field of employment, has not been able to fully answer complex problems related to wages. Therefore, alternative solutions are needed that are in accordance with the principles of wages and consider the conditions and needs of workers/laborers in Indonesia. This research aims to apply policy politics, especially related to the concept of implementing Law Number 6 of 2023 concerning Manpower from the perspective of Social Justice and Humanitarian Ethics. The implementation of the labor wage system must pay attention to the principles of justice and balance. The wages provided must be adequate to meet the needs of workers and their families, as well as provide security and protection for labor. The results show that the implementation of the Job Creation Law requires policy adjustments at the regional level through Regional Regulations that consider the economic capabilities of local companies. In the context of policy politics, the imbalance between the number of workers received and the ability of companies to fulfill wage obligations has the potential to trigger structural conflicts between companies and workers. In the perspective of Islamic politics, the relationship between employers and workers is built on the principles of social justice and human equality. Islam asserts that although there is a structural hierarchy within the company - such as capital owners, shareholders and workers - all parties are morally equal as human beings. This relationship is ideally based on the values of partnership, solidarity and symbiotic mutualism, which are in line with the principles of social justice. Therefore, wage system policies must ensure that no party is disadvantaged or feels disadvantaged, but rather create harmony and balance of interests between stakeholders. Society is politically viewed as an interconnected entity, where the common welfare becomes a collective responsibility to realize social stability and justice.
Legal Analysis Of Administrative Court Decision No. 16/G/2024/PTUN.JKT In A Civil Service Dispute Cucu Robiatul Adawiah; Intan Nuraeni; Zorya Kanoubie Attar Bakhri; Bakhri3Muhammad Rafa Nur Hidayat; Taufiq Alamsyah
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/cse5a937

Abstract

This study examines Administrative Court Decision Number 16/G/2024/PTUN.JKT concerning a civil service dispute through a normative juridical approach that combines statutory, case based, and conceptual analyses. The research evaluates the legal validity of the contested administrative decision by examining the applicable regulatory framework, the judicial reasoning adopted by the court, and the relevance of the General Principles of Good Governance in administrative adjudication. The findings indicate that the court applied a comprehensive assessment of administrative legality by scrutinizing the conformity of governmental action with statutory requirements, procedural obligations, and governance standards recognized in Indonesian administrative law. The decision affirms the importance of legal certainty, accountability, transparency, and fairness as essential benchmarks for evaluating administrative conduct. The analysis further demonstrates that judicial review serves as an effective mechanism for protecting civil servants from arbitrary personnel actions while reinforcing merit based governance within public administration. The judgment contributes to the development of Indonesian administrative law by strengthening legal protection, promoting responsible administrative decision making, and enhancing institutional commitment to professional and rule based civil service governance.
Legal Protection For Business License Disputes Under Local Government Policy Fahmi Nuraziz Awaludin; Ade Lukman Firmansyah; Azwa Khaliza; Distya Rahma Fauziah; Taufiq Alamsyah
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/3d5k6k30

Abstract

This study examines the legal protection framework governing business licensing disputes arising from local government policies within the Indonesian administrative law system. The research employs a normative legal method based on doctrinal and conceptual approaches through the analysis of statutory regulations, legal principles, and administrative law doctrines. The study focuses on the interaction between local government authority, business licensing regulation, administrative disputes, and legal remedies available to affected parties. The findings indicate that the contemporary licensing regime seeks to promote investment efficiency through regulatory simplification and risk based governance while simultaneously generating legal challenges related to authority allocation, spatial planning compliance, environmental approval, administrative discretion, and public interest protection. The analysis further demonstrates that licensing disputes frequently emerge from inconsistencies between regulatory objectives and administrative implementation. Legal protection is provided through preventive and repressive mechanisms, including administrative objections, administrative appeals, and judicial review before the State Administrative Court. The effectiveness of these mechanisms depends on adherence to legality, accountability, proportionality, legal certainty, and the General Principles of Good Governance. Strengthening institutional coordination and enforcement capacity remains essential for ensuring fair and effective administrative justice in business licensing governance.  
Issues Regarding the Procedures and Requirements for Filing Lawsuits in Administrative Courts and Their Implications for Legal Certainty Raga Bahira Albantani; Khoirul Tamam; Rayhan Ade Dwiyana; Raenita Aulia Dewi; Dalva Aulia Apandi; Taufiq Alamsyah
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/hf6yhv83

Abstract

This study examines the legal issues surrounding the procedures and requirements for filing lawsuits before the Indonesian State Administrative Court and analyzes their implications for legal certainty. The research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of legislation governing administrative adjudication, government administration, and electronic court proceedings, while secondary materials include administrative law scholarship and contemporary studies on procedural justice and legal certainty. The analysis reveals that procedural requirements serve an important function in maintaining orderly adjudication and ensuring predictability within administrative litigation. At the same time, several normative ambiguities continue to affect the admissibility of claims, particularly regarding the expanded concept of administrative decisions, the obligation to exhaust administrative remedies, and the application of dismissal mechanisms. These issues often result in procedural barriers that prevent substantive judicial examination. The study further finds that judicial digitalization has strengthened procedural efficiency and accessibility but has also generated new challenges related to technological compliance, procedural fairness, and digital legal certainty. The findings indicate that a coherent interpretative framework and adaptive procedural reform are essential for balancing procedural discipline, effective judicial protection, and substantive justice within the Indonesian administrative court system.
The Effectiveness of Administrative Remedies as A Prerequisite For Filing A Lawsuit in Administrative Court George Muhammad Maulana Helmy Gozali; Hasna Hamidah; Milda Kurnia Herawati; Taufiq Alamsyah
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/n91qhd54

Abstract

This study examines the effectiveness of administrative remedies as a mandatory prerequisite for filing lawsuits before the Administrative Court within the Indonesian administrative law system. The research employs a non empirical normative juridical approach based on doctrinal legal analysis and extensive library research. Primary legal materials consist of Law Number 5 of 1986 concerning the State Administrative Court, Law Number 30 of 2014 concerning Government Administration, and Supreme Court Regulation Number 6 of 2018. Secondary materials include scholarly literature on administrative justice, governance, accountability, procedural fairness, and the rule of law. The findings indicate that administrative remedies serve an important function in promoting administrative justice by providing opportunities for internal correction, strengthening accountability, and supporting good governance principles. The mechanism also contributes to procedural efficiency by filtering disputes before judicial review. Despite these advantages, its practical effectiveness remains influenced by administrative burdens, regulatory inconsistencies, institutional bias, transparency deficits, and the growing complexity of technology based administrative decision making. The study concludes that administrative remedies possess a strong normative foundation, yet their effectiveness depends substantially on regulatory coherence, institutional capacity, procedural transparency, and adaptive governance capable of responding to contemporary administrative challenges.
The Application of the General Principles of Good Governance to Administrative Disputes in Public Service Digitalization Policies Dila Nurul; Chandra Devaraihan Wahyudi; Yoyoh Yoyoh; Difky Maulana; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/ndfmc385

Abstract

This study examines the application of the General Principles of Good Governance in administrative disputes arising from public service digitalization policies in Indonesia. The research employs a non empirical normative legal method based on doctrinal legal inquiry and integrates statutory and conceptual approaches. The analysis focuses on the role of governance principles as normative standards for assessing the legality, accountability, transparency, and prudence of administrative decisions produced within digital public service systems. Primary legal materials include Law Number 30 of 2014 concerning Government Administration, Law Number 14 of 2008 concerning Public Information Disclosure, and Presidential Regulation Number 95 of 2018 concerning the Electronic Based Government System. The findings demonstrate that the General Principles of Good Governance remain applicable to electronic administrative decision making and function as essential safeguards against legal risks associated with algorithmic governance. The principle of prudence requires administrative authorities to maintain responsibility for decisions generated through digital systems, while the principle of openness supports transparency, auditability, and effective judicial scrutiny. The study concludes that administrative legality in the digital era depends not only on lawful outcomes but also on accountable and transparent decision making processes capable of ensuring effective legal protection and good governance.  
The Effectiveness of Administrative Remedies as a Prerequisite for Filing a Lawsuit in the Administrative Court (PTUN) Rafli Ramdani; Rihan Rizky; Gia Anggiani; Jasmine Az-zahra; Zakiyah Zakiyah; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/fga6kf24

Abstract

This study aims to analyze the effectiveness of administrative remedies as a prerequisite for filing lawsuits in the State Administrative Court (PTUN), as regulated under Law Number 30 of 2014 concerning Government Administration, Law Number 5 of 1986 concerning the State Administrative Court as amended by Law Number 9 of 2004 and Law Number 51 of 2009, as well as Supreme Court Regulation Number 6 of 2018. This research employs a normative juridical method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that normatively, administrative remedies aim to promote efficiency in dispute resolution, provide opportunities for internal correction, and reduce the caseload of the PTUN, while also functioning as a prerequisite (voorvraag) for litigation. However, in practice, their effectiveness remains limited as they are often treated as procedural formalities, influenced by limited independence, weak transparency and accountability, and low public legal awareness. Comparative analysis with civil law and common law systems shows the need to balance legal certainty and substantive justice. Strengthening regulations, institutions, and legal awareness is essential to enhance their effectiveness as legal protection.  
The Impact of the Digital Transformation of Public Services on Administrative Court Disputes at the Administrative Court M. Aldo Dellano; M. Zahran Al-Gibran; Naila Syafa Azzahra; Ravie Surya Justico; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/zznmck97

Abstract

The digital transformation of public service delivery through the Electronic-Based Government System (SPBE) has significantly altered the structure of administrative governance and the legal characteristics of State Administrative Decisions in Indonesia. This study examines the implications of digital transformation for administrative disputes before the Administrative Court and evaluates the adequacy of existing legal frameworks in addressing emerging challenges associated with electronically generated governmental actions. Employing a normative legal research design, the study utilizes statutory, conceptual, and doctrinal approaches based on primary legal sources, including administrative, electronic information, and constitutional regulations, as well as relevant scholarly literature. The analysis demonstrates that electronic administrative decisions possess legal legitimacy as reviewable administrative acts; however, their implementation generates complex juridical issues concerning evidentiary standards, attribution of administrative responsibility, algorithmic decision-making, and procedural accountability. Existing procedural and substantive legal frameworks provide partial accommodation for digital governance but remain insufficient to address the evolving realities of technologically mediated administrative action. The study argues that harmonization of administrative law, electronic governance regulation, and procedural adjudication standards is necessary to strengthen legal certainty, judicial protection, accountability, and the effectiveness of administrative justice in the digital era.
Legal Status and Protection for Citizens Against Administrative Decisions Faliani Zaliaokta; Ghazyan Hidzyam Haqqani; Livia Fajarisalfa; Mudhtia Nabila Maulud; Muhammad Satria Akbar; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 1 (2026): :February: Sapientia Diversalis: Journal of Human Interaction and Social Studie
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/2v6kbv98

Abstract

This study examines the legal status of citizens and the legal protection available against State Administrative Decisions within the Indonesian administrative law system. The research addresses three principal issues consisting of the legal position of citizens in administrative disputes, the normative foundations and procedural mechanisms for challenging State Administrative Decisions, and the forms of legal protection together with the legal consequences of Administrative Court judgments. The study employs a normative juridical method supported by statutory, conceptual, and case based approaches. Legal materials were collected through library research involving legislation, judicial decisions, scholarly literature, and legal commentaries. The analysis demonstrates that citizens possess legal standing to challenge administrative decisions when direct and legally recognizable interests are adversely affected. Reviewable administrative decisions must satisfy the requirements of concreteness, individuality, finality, and legal effect, while contemporary developments have expanded reviewable objects to include factual administrative actions and positive fictitious decisions. Legal protection operates through preventive administrative mechanisms and judicial review before the Administrative Court. Administrative Court judgments provide corrective legal remedies through annulment of unlawful decisions, rehabilitation, compensation, and restoration of legal rights. The study concludes that the integration of administrative accountability, judicial control, and effective judgment execution strengthens legal certainty, good governance, and the rule of law within Indonesia’s administrative justice framework.
Implementation of Administrative Law Court Decisions by Administrative Agencies or Officials Sabili Casba Ar-Rusd; Sitta Khairunnisa; Bimo Satrio Wicaksono; Dimas Gibran Satrio Utomo; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/j9vwxn36

Abstract

The implementation of decisions issued by the State Administrative Court (PTUN) constitutes a critical element in ensuring the effectiveness of judicial review over governmental action and maintaining administrative accountability within a rule-of-law framework. This study examines the implementation of PTUN decisions by administrative bodies or state administrative officials through a non-empirical legal research design employing a normative juridical approach. The analysis is conducted using statutory, conceptual, and doctrinal approaches based on legislation, legal doctrines, judicial norms, and scholarly literature concerning administrative justice and execution mechanisms. The findings demonstrate that although PTUN decisions possess final and binding legal force, their implementation remains constrained by fragmented execution arrangements, limited coercive instruments, absence of detailed implementing regulations concerning administrative sanctions and forced payments, and continued dependence on voluntary compliance by administrative officials. These conditions weaken legal certainty, reduce the effectiveness of judicial protection, and hinder the realization of the General Principles of Good Governance (AUPB). The study argues that implementation should be reconstructed as an integrated legal process supported by stronger enforcement mechanisms, institutional coordination, and a compliance-oriented administrative culture to enhance the authority of administrative adjudication and strengthen accountable governance.