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Paradigm of Employment Law Protection in Indonesia between Legal Certainty, Justice, and Utility M Hafizh Maulana; Daffa Akmal Manurung; Abdilbar Alfahrizi; Syahrul Agil
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.252

Abstract

Labor law is an important instrument in realizing fair industrial relations through a balance between the interests of workers and employers. The dynamics of changes in labor regulations in Indonesia, especially after the amendment of the Labor Law through the Job Creation Law, have various consequences for the effectiveness of legal protection for workers as well as legal certainty for the business world. This study aims to analyze the paradigm of legal protection in the Indonesian labor system, identify the problems of implementing legal norms in industrial relations, and examine the direction of strengthening labor policies in realizing harmonious and sustainable industrial relations. The research uses a normative juridical method with a regulatory approach, a conceptual approach, and an analytical approach. Data was obtained through literature studies of laws and regulations, court decisions, legal doctrines, and various relevant scientific literature, then analyzed qualitatively. The results of the study show that Indonesia's labor law already has an adequate normative basis to protect workers' rights, but its implementation still faces various obstacles in the form of inequality of bargaining position between workers and employers, weak labor supervision, low legal compliance, and non-optimal industrial relations dispute resolution mechanisms. Regulatory changes also show a shift in orientation between worker protection and the need for labor market flexibility, so that a balance of policies is needed that is able to ensure legal certainty, protection of workers' rights, and the sustainability of the business world. Thus, the effectiveness of labor law is not only determined by the quality of the substance of the regulation, but also by the institutional strengthening, law enforcement, and legal culture of all industrial relations actors.
Legal Analysis of the OJK's Role in Rejecting Insurance Policy Claims by Customers Sepia Walandari; Sinvani Dinda Sitepu; Daffa Akmal Manurung; Bagus Herlambang; Annisa Octavia
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.806

Abstract

Insurance is an institution that functions to mitigate various risks that may occur in the future. Therefore, insurance plays a crucial role in providing protection to policyholders. One of the challenges that frequently arise in insurance practice is the rejection of claims submitted by customers to insurance companies, which are usually accompanied by various reasons from the company. In this case, the existence of the Financial Services Authority (OJK) is very helpful for customers in resolving issues related to claim rejections. Based on Law Number 21 of 2011 concerning the Financial Services Authority, this institution not only serves as a facilitator of consumer protection and mediation, but also plays an active role in legal defense for customers. The OJK's role in resolving disputes over insurance claims rejected by insurance companies includes acting as a mediator in the deliberation process to reach a consensus between the customer and the insurance company, as well as acting as a supervisor to ensure the outcome of the agreement. However, in carrying out its functions, the OJK faces a number of non-legal obstacles, both internal and external. This research uses literature review and legal analysis to help provide results in addressing this issue. Some of these obstacles include the lack of clarity in customer complaints, incomplete supporting documents, and minimal information that can be obtained.
Paradigm of Employment Law Protection in Indonesia between Legal Certainty, Justice, and Utility M Hafizh Maulana; Daffa Akmal Manurung; Abdilbar Alfahrizi; Syahrul Agil
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.252

Abstract

Labor law is an important instrument in realizing fair industrial relations through a balance between the interests of workers and employers. The dynamics of changes in labor regulations in Indonesia, especially after the amendment of the Labor Law through the Job Creation Law, have various consequences for the effectiveness of legal protection for workers as well as legal certainty for the business world. This study aims to analyze the paradigm of legal protection in the Indonesian labor system, identify the problems of implementing legal norms in industrial relations, and examine the direction of strengthening labor policies in realizing harmonious and sustainable industrial relations. The research uses a normative juridical method with a regulatory approach, a conceptual approach, and an analytical approach. Data was obtained through literature studies of laws and regulations, court decisions, legal doctrines, and various relevant scientific literature, then analyzed qualitatively. The results of the study show that Indonesia's labor law already has an adequate normative basis to protect workers' rights, but its implementation still faces various obstacles in the form of inequality of bargaining position between workers and employers, weak labor supervision, low legal compliance, and non-optimal industrial relations dispute resolution mechanisms. Regulatory changes also show a shift in orientation between worker protection and the need for labor market flexibility, so that a balance of policies is needed that is able to ensure legal certainty, protection of workers' rights, and the sustainability of the business world. Thus, the effectiveness of labor law is not only determined by the quality of the substance of the regulation, but also by the institutional strengthening, law enforcement, and legal culture of all industrial relations actors.