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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Glosains: Jurnal Sains Global Indonesia
Mohammad Ahmad Eko Susilo
Universitas Pelita Harapan
Law, Crime, Criminology & Criminal Justice

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Post-Constitutional Court Ruling Number 168/PUU-XXI/2023: The Impact On Trade Unions And Worker Protection In Semiconductor Manufacturing Edrick Edwardina Effendy; Mohammad Ahmad Eko Susilo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5504

Abstract

The Constitutional Court's Decision Number 168/PUU-XXI/2023 concerning the testing of the Job Creation Law has had a significant impact on various aspects of employment in Indonesia, including the protection of workers' rights and the role of trade unions in strategic industries. The purpose of this study is to analyze the impact of the Constitutional Court's decision Number 168/PUU-XXI/2023 on industrial relations between workers and entrepreneurs in the semiconductor manufacturing sector in Indonesia. This study uses a qualitative approach with a case study design to analyze the impact of the Constitutional Court's decision Number 168/PUU-XXI/2023 on labor unions and worker protection in the semiconductor manufacturing sector. The results of this study show that the Constitutional Court Decision Number 168/PUU-XXI/2023 provides more flexibility for employers in regulating employment, which has an impact on the tension of industrial relations between workers and employers, especially related to the increase in workload and reduced protection of workers' rights. This can be seen from data that shows a decline in workers' trust in trade unions and an increase in dissatisfaction with working conditions. Although unions have great potential in protecting workers' rights, they face major challenges in increasing member participation and their relevance to workers' needs. Employers who neglect worker welfare risk lower employee retention and productivity, while companies that care about worker welfare show more positive relationships with unions as well as better stability. The government also plays an important role in creating a balanced labor policy, prioritizing the welfare of workers without neglecting flexibility for employers
Restitutio in Integrum in the Cancellation of Land Sale and Purchase Deeds Due to Wanprestasi (Breach of Contract): Legal Protection Analysis and Socio-Legal Implications for Third-Party Consumers Mohammad Ahmad Eko Susilo; Helda Malta; Felicia Vanessa Japri; Windy Kosim
Glosains: Jurnal Sains Global Indonesia Vol. 7 No. 2 (2026): Glosains: Jurnal Sains Global Indonesia
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/glosains.v7i2.656

Abstract

Background: Wanprestasi (breach of contract) as a cause of land transaction disputes is a persistent and recurring problem in the governance of the agrarian legal system in Indonesia. The use of irrevocable powers of attorney to facilitate one-sided title transfers is a common manifestation of this issue. Objective: The purpose of this paper is to analyze the mechanism of legal protection for the seller in the land transaction dispute involving fundamental wanprestasi and bad faith, with a case study of Supreme Court Decision No. 2134 K/Pdt/2024. Methods: This article uses a normative juridical approach with a case study, focusing on Supreme Court Decision No. 2134 K/Pdt/2024 as the primary legal material, in addition to KUHPerdata Articles 1243–1248 (on compensation), 1320 (on the requirements for the validity of a contract), 1338 (on the general principles of good faith), and 1464 (on the retention of a down payment). Results: The AJB (sale and purchase deed) and PPJB (binding sale and purchase agreement) should have been nullified (ex tunc/retroactive) since the buyer failed to pay the remaining balance of Rp2 billion—having only tendered Rp10.00 (ten rupiah)—and submitted falsified blank account documents. The court confirmed that the retention of the Rp2.32 billion seller's deposit was an essential protection measure to compensate for moral and material damages, as stipulated in Article 1464 of the Civil Code. Conclusion: This jurisprudence enhances seller protection against predatory property development practices but highlights a significant gap in consumer protection within the existing land registration system. This study recommends legislative harmonization between the restitution provisions of the Civil Code and the Consumer Protection Law (UUPK).
Co-Authors Edrick Edwardina Effendy Felicia Vanessa Japri Helda Malta Windy Kosim