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Legal Analysis of Changes to Social Security Regulations for Workers in the Job Creation Law Arsyad Riski Pratama Siregar; Faiz Putra Ramadhan Lubis; Wenni Nahdiani Tanjung; Suci Hidayati Malau; Siti Kholizah
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.v2i2.813

Abstract

The provisions regarding social security for workers, previously regulated by Law No. 40 of 2004 concerning the National Social Security System and Law No. 24 of 2011 concerning the Social Security Administering Body, have been significantly amended by Law No. 11 of 2020 concerning Job Creation. The purpose of this study is to examine these normative changes from a legal perspective, focusing on their impact on the defense of workers' rights. Normative legal research employs legislative and intellectual approaches. Through a literature review of laws and regulations, court decisions, and legal documents, data is analyzed qualitatively. According to the study, the modifications outlined in the Job Creation Law, particularly those related to the unemployment insurance program, could result in a loss of legal certainty and a decline in workers' social security standards. Furthermore, the concepts of social justice and legal certainty are questioned by the introduction of more flexible social security in the context of investment interests. Therefore, to ensure that social protection for workers is maintained within the context of national economic development, it is necessary to strengthen its derivative legislation and implement a strict oversight system.
Corporate Arbitration Between Contractual Autonomy and State Intervention: Reconstructing the Legal Legitimacy of Arbitral Awards Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1306

Abstract

The growing complexity of corporate commercial activities has intensified disputes requiring dispute resolution mechanisms capable of balancing procedural efficiency, legal certainty, and institutional legitimacy. Although arbitration has become the preferred mechanism for resolving corporate disputes because of its flexibility, confidentiality, and finality, scholarly discussions have largely examined contractual autonomy and judicial intervention as separate legal doctrines. This study aims to analyze the legal position of corporations in arbitration and reconstruct the relationship between contractual autonomy and state intervention in the enforcement of arbitral awards within the Indonesian legal system. Employing normative legal research through statutory and conceptual approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, relevant legal doctrines, and scholarly literature using systematic legal interpretation and prescriptive legal reasoning. The findings demonstrate that corporations, as independent legal subjects, possess full legal capacity to submit disputes to arbitration and are legally bound by arbitral awards arising from their contractual consent. At the same time, judicial authority is confined to limited procedural supervision concerning the recognition, enforcement, and annulment of arbitral awards without extending to substantive review. This study argues that the legitimacy of corporate arbitration is sustained through the complementary interaction between private contractual autonomy and limited state intervention, rather than through the predominance of either principle alone. Accordingly, the article contributes to contemporary arbitration scholarship by offering an integrated conceptual framework that reinforces legal certainty, procedural fairness, and corporate confidence while preserving the finality of arbitral awards.
Corporate Arbitration Between Contractual Autonomy and State Intervention: Reconstructing the Legal Legitimacy of Arbitral Awards Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1306

Abstract

The growing complexity of corporate commercial activities has intensified disputes requiring dispute resolution mechanisms capable of balancing procedural efficiency, legal certainty, and institutional legitimacy. Although arbitration has become the preferred mechanism for resolving corporate disputes because of its flexibility, confidentiality, and finality, scholarly discussions have largely examined contractual autonomy and judicial intervention as separate legal doctrines. This study aims to analyze the legal position of corporations in arbitration and reconstruct the relationship between contractual autonomy and state intervention in the enforcement of arbitral awards within the Indonesian legal system. Employing normative legal research through statutory and conceptual approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, relevant legal doctrines, and scholarly literature using systematic legal interpretation and prescriptive legal reasoning. The findings demonstrate that corporations, as independent legal subjects, possess full legal capacity to submit disputes to arbitration and are legally bound by arbitral awards arising from their contractual consent. At the same time, judicial authority is confined to limited procedural supervision concerning the recognition, enforcement, and annulment of arbitral awards without extending to substantive review. This study argues that the legitimacy of corporate arbitration is sustained through the complementary interaction between private contractual autonomy and limited state intervention, rather than through the predominance of either principle alone. Accordingly, the article contributes to contemporary arbitration scholarship by offering an integrated conceptual framework that reinforces legal certainty, procedural fairness, and corporate confidence while preserving the finality of arbitral awards.