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Injustice in Indonesia’s Legal Protection Framework for Outsourced Workers Iswantoro Iswantoro; Tajudeen Sanni
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.210

Abstract

This study analyzes the regulatory weaknesses in the legal protection of outsourced workers in Indonesia, particularly in relation to the fulfillment of justice as mandated by Pancasila and the 1945 Constitution of the Republic of Indonesia. The enactment of Law Number 11 of 2020 on Job Creation has significantly altered the orientation of labor law, shifting it toward economic efficiency and investment facilitation. This shift has resulted in the erosion of normative labor protections and increased vulnerability of outsourced workers, manifested in job insecurity, unequal bargaining power, limited social security coverage, and insufficient welfare guarantees. The primary objective of this research is to evaluate the extent to which existing labor regulations fail to embody substantive justice and to formulate a normative framework for reconstructing labor law in accordance with constitutional values. This study employs an empirical juridical research method with a socio-legal approach, integrating doctrinal legal analysis with empirical data to assess the interaction between legal norms and labor practices. The findings demonstrate that the current regulatory framework prioritizes labor market flexibility over worker protection, leading to structural injustice and normative inconsistencies within the industrial relations system. The study concludes that a comprehensive reconstruction of labor law is necessary through reforms in legal structure, legal substance, and legal culture, grounded in the principles of social justice, humanity, and public welfare, in order to ensure substantive justice and constitutional compliance in the protection of outsourced workers in Indonesia.
Oligarchy vs. Sovereignty: Constitutional Amendments and the Democratic Regression of Indonesia’s Post-Reform Era Amiludin Amiludin; Bahtiar Amrullah; Tajudeen Sanni; Zaharuddin Sani Ahmad Sabri; Bayangsari Wedhatami
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This study examines the paradoxical role of Indonesia’s post-Reform constitutional amendments, which, while designed to enhance democracy, have inadvertently facilitated oligarchic capture and democratic regression. The primary objective is to analyze how constitutional design, though formally advancing popular sovereignty, created institutional arrangements that allowed entrenched elites to mediate, constrain, and often subvert the people’s will. Employing a doctrinal legal method complemented by comparative and conceptual analysis, the research evaluates Indonesia’s constitutional amendments of 1999–2002, relevant statutes, and Constitutional Court jurisprudence, situating these within broader global patterns of democratic backsliding in Latin America, Eastern Europe, and the United States. The analysis integrates theoretical insights from Robert Dahl’s polyarchy, Michael Walzer’s spheres of justice, and Jeffrey Winters’ theory of oligarchy to illuminate the nexus between economic power and political sovereignty. The findings reveal that while the amendments formally entrenched rights, strengthened checks and balances, and institutionalized elections, they simultaneously empowered political parties as gatekeepers, entrenched money politics, weakened oversight institutions such as the Constitutional Court and Corruption Eradication Commission, and left socio-economic inequalities unaddressed. These dynamics have gradually hollowed out the substantive content of sovereignty, embedding oligarchic dominance within constitutional practice. The study concludes that reform-oriented constitutionalism must extend beyond textual guarantees to address structural inequalities, democratize political parties, fortify accountability institutions, and embed participatory safeguards. By integrating lessons from comparative constitutionalism, Indonesia can reimagine its constitutional order to resist oligarchic entrenchment and reclaim the democratic promise of Reform.