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Peran Kanwil Kemenkumham Kalimantan Tengah dalam Pelaksanaan Pengharmonisasian Rancangan Produk Hukum Daerah dan Pemanfaatan Aplikasi dalam Penilaian Indeks Reformasi Hukum Maddolangan, Doaa Risma Diputra; Fransisco, Fransisco; Nugroho, Any
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1877

Abstract

This article evaluates the role of the Regional Office of the Ministry of Law and Human Rights (Kanwil Kemenkumham) of Central Kalimantan in implementing the harmonization of regional legal products and its relation to fulfilling the Legal Reform Index (Indeks Reformasi Hukum/IRH) assessment criteria. Legal harmonization is a crucial stage in the formation of local regulations to ensure alignment with the national legal system, while IRH functions as an instrument to measure legal reform efforts at the regional level. This study adopts a juridical-empirical approach, using both legal literature and field documentation as data sources. The findings indicate that the Kanwil has actively and effectively facilitated the harmonization process of draft regional regulations, as reflected by the increasing number of harmonized legal products between 2022 and 2024. However, challenges remain in fulfilling IRH data requirements, particularly due to a lack of technical understanding, limited human resources, and weak administrative coordination at the local government level. It is concluded that the effectiveness of IRH as an evaluative tool largely depends on the synergy between the Kanwil and local governments in developing responsive and accountable legal governance.
Analisis Yuridis atas Penundaan Pemilihan Kepala Desa (Pilkades) dalam Kerangka Hukum Administrasi Negara: Studi Kasus di Kabupaten Seruyan Purwantoro, Erwin Agus; Farina, Thea; Nugroho, Any
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1887

Abstract

The postponement of Village Head Elections (Pilkades) in Seruyan Regency has caused significant legal, governance, and socio-political issues. This study analyzes the legal basis for the postponement based on Seruyan Regency Regulation No. 1 of 2016 (Perda) and its alignment with national laws, including Law No. 6 of 2014, Government Regulation No. 43 of 2014, Minister of Home Affairs Regulation No. 72 of 2020, and Law No. 3 of 2024. While Perda Seruyan No. 1 of 2016 adheres to democratic principles, it lacks specific provisions regarding postponements due to national political agendas and the extension of temporary village head terms. This gap has led to constitutional rights violations, weakened legitimacy of Acting Village Heads, stagnated village development, and potential social conflicts. This study recommends revising Perda Seruyan No. 1 of 2016 to incorporate postponement provisions, allocating Pilkades budgets in the Regional Budget (APBD), and enhancing transparency and public participation to ensure legal, transparent, and accountable Pilkades implementation, ultimately maintaining social, political, and governmental stability at the village level.
Pemberian Kompensasi atas Gangguan Layanan dalam Aplikasi M-Paspor: Analisis Hukum Berdasarkan Peraturan Menteri Hukum dan HAM Nomor 8 Tahun 2014 tentang Paspor Biasa dan Surat Perjalanan Laksana Paspor Sartio, Dessy Octavina Sumala; Nugroho, Any; Noor, Syamhudian
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1888

Abstract

This study aims to analyze the compensation mechanism for service disruptions in the M-Paspor application and the government's responsibility in addressing the legal vacuum (rechtsvacuum) in digital immigration services. The research employs a normative juridical method with a statutory approach, utilizing primary, secondary, and tertiary legal sources. The study focuses on immigration service regulations and case studies of technical issues in the M-Paspor application. Data collection is conducted through document analysis and legal interpretation to assess the adequacy of existing regulations. The findings indicate that no specific legal norms currently regulate compensation for users affected by service disruptions, creating uncertainty and potential financial losses. The government holds legal and administrative responsibility to address this gap through additional regulations and policy alignment with higher legal frameworks. A more comprehensive regulatory framework is necessary to ensure legal certainty and fair protection for the public while improving the quality and reliability of digital immigration services.
Non-Standard Employment Relationships in the Digital Era: A Normative Study on the Regulatory Void in Protecting Ride-Hailing Drivers Fransisco, Fransisco; Nugroho, Any; Natania, Elsa Beatris Rut
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.503

Abstract

Amid the massive expansion of the digital economy, millions of ride-hailing drivers in Indonesia work under conditions of legal vulnerability due to the use of a ‘partnership’ scheme that systematically conceals a genuine employment relationship. This phenomenon has created a fundamental regulatory void, wherein the national labor law framework fails to provide adequate protection. This research aims, first, to critically analyze the legal character of the relationship between drivers and platforms, and second, to examine the incompatibility of this partnership model with the principles of Indonesian industrial relations. Through a normative legal research method using statutory, conceptual, and comparative approaches, it was found that the ‘partnership’ label is proven to be a legal fiction. Substantively, the three elements of an employment relationship (work, wages, and orders) as stipulated in Law Number 13 of 2003 have been fulfilled. The element of ‘orders’ is strongly manifested through the mechanism of digital subordination or algorithmic management. This denial of legal status directly erodes the foundations of worker protection, nullifying access to social security, fair dispute resolution mechanisms, and the right to associate. Therefore, this research asserts that the relationship is a disguised employment relationship that demands decisive state intervention. A fundamental legislative reform of Law Number 13 of 2003 is necessary to respond to the dynamics of digital work in a fair and socially just manner.
Pengaruh Artificial Intelligence dalam Menggantikan Peran Manusia di Dunia Kerja Ditinjau dari Peraturan Pemerintah No 33 Tahun 2013 Tentang Perluasan Kesempatan Kerja Imtikhani, Najih; Nugroho, Any; Farina, Thea
Jurnal Sosial Teknologi Vol. 5 No. 5 (2025): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v5i5.32118

Abstract

The rapid development of Artificial Intelligence (AI) in Indonesia’s industrial sector presents both opportunities and challenges for the workforce. This study investigates the impact of AI on employment and examines whether its implementation aligns with Government Regulation No. 33 of 2013 concerning Employment Expansion. Despite AI’s potential to replace routine human tasks and increase unemployment, it also opens new job opportunities requiring complex skills and creativity. This research employs a normative juridical method, focusing on the analysis of existing labor laws, particularly Law No. 13 of 2003 on Manpower and Government Regulation No. 33 of 2013. Primary and secondary legal sources are critically examined to assess the regulatory framework’s adequacy in protecting workers’ rights amid AI adoption. The findings reveal that while AI can enhance efficiency and productivity, automation risks job losses, especially in routine tasks, necessitating comprehensive policies and training programs to prepare workers for this transition. The study underscores the urgent need for Indonesia to develop specific AI regulations to ensure legal certainty and social protection for affected workers. Policymakers should prioritize proactive training initiatives to foster workforce adaptability and enable harmonious coexistence between humans and AI in the labor market.