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All Journal JHCLS Contrarius
Fithriatus Shalihah
Faculty of Law, Universitas Ahmad Dahlan, Yogyakarta

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Legal Protection of Workers’ Rights in Indonesia’s Tobacco Industry Fithriatus Shalihah; Andre Wijaya Laksana; Rajali H. Aji
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.214

Abstract

Workers in the tobacco industry face significant legal and occupational safety challenges due to continuous exposure to hazardous chemicals, tobacco dust, and work-related diseases that often remain undetected at early stages. In Indonesia, existing occupational safety and health regulations adopt a general regulatory approach, lack sector-specific standards, and rely on weak supervisory and enforcement mechanisms. This study aims to formulate a sectoral technical regulatory model that specifically governs the control of tobacco dust and chemical exposure in the production process. It also seeks to design an integrated supervisory framework involving multiple institutional actors to enhance accountability and enforcement effectiveness, and to develop a legal culture approach that promotes sustained occupational safety awareness within the cigarette industry. This research applies a normative legal method using statutory and conceptual approaches to analyze the adequacy of the current regulatory framework. The findings demonstrate, first, that Indonesia’s legal protection for tobacco industry workers remains inadequate due to general occupational safety and health regulations, limited supervision, and low levels of legal awareness among workers. Second, comparative analysis shows that countries such as Singapore, Germany, and Japan ensure stronger worker protection through binding sector-specific regulations and effective enforcement systems. Third, this study finds that effective protection for tobacco industry workers requires the adoption of sector-specific occupational safety and health standards, the implementation of integrated multi-actor supervision, and the strengthening of safety culture through structured training programs and secure reporting mechanisms. This study concludes that comprehensive regulatory reform is necessary to ensure effective legal protection and occupational health security in the tobacco industry.
Legal Discovery in Indonesia’s Tax Dispute Framework Efendi Ibnususilo; Fithriatus Shalihah; Nisa Istiani; Faiqah Nur Azizah
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.496

Abstract

This study analyzes the normative disharmony among the Tax Court Law, the Judicial Power Law, and the General Provisions and Tax Procedures Law (KUP Law) and examines its implications for the independence and institutional authority of the Tax Court in Indonesia. The inconsistency among these statutory instruments generates juridical uncertainty concerning the structural position of the Tax Court within the national judicial system and obscures the proper framework for institutional oversight. This research aims to assess the existing tax dispute resolution system and to formulate institutional reform proposals through a comparative evaluation of tax adjudication models in the United States, Australia, and Russia. Employing normative legal research, this study applies legislative, conceptual, and comparative approaches to examine statutory coherence and institutional design. The findings demonstrate that, first, dual supervision by the Supreme Court and the Ministry of Finance constrains the structural independence of the Tax Court; second, procedural limitations, including case accumulation, extended adjudication timelines, significant litigation costs, and restricted regional accessibility, reduce the effectiveness of dispute resolution; and third, the absence of a structured Alternative Dispute Resolution framework limits procedural flexibility and institutional responsiveness. Based on these findings, this study argues that placing the Tax Court fully under the authority of the Supreme Court and institutionalizing Alternative Dispute Resolution mechanisms would strengthen judicial independence, improve procedural efficiency, and enhance public confidence in the national tax adjudication system.