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All Journal Jurnal Riset Ilmiah Horizon: Indonesian Journal of Multidisciplinary
Kelana, Dewa Sukma
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Agriculture, Biological Sciences & Forestry Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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THE RIGHTS OF INDONESIAN WORKERS: BETWEEN NORMS AND REALITY IN THE PERSPECTIVE OF ISLAMIC FAMILY LAW Kelana, Dewa Sukma; Fautanu, Idzam; Saepullah, Usep
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 2 (2026): SINERGI : Jurnal Riset Ilmiah, February 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i2.2381

Abstract

This research examines the gap between legal norms and the reality of protecting the rights of Indonesian Migrant Workers (TKI) and their impact on families in the perspective of Islamic family law. Although Indonesia has comprehensive regulations such as Law No. 18/2017 on the Protection of Indonesian Migrant Workers, its implementation is still far from expectations. Structural problems cause violations of migrant workers' rights that have an impact on family disintegration, neglect of maintenance obligations, and marital conflict. This research uses a juridical-normative method with statutory, conceptual, and shar'i approaches. Data were collected through a literature study of primary and secondary legal materials, then analyzed descriptively-qualitatively and comparatively. The results show that there is a significant gap between legal guarantees and actual protection of migrant workers, which results in the neglect of family rights as regulated in Islamic law. The perspective of Islamic family law offers solutions through the principles of justice (al-'is), benefit (maslahah), and protection (hifzh). The research recommends the integration of Islamic law values in migrant worker protection policies, strengthening the role of the family as a protection unit, and harmonizing positive law with sharia principles to realize family-based holistic protection.
Lembaga Bipartit Sebagai Mekanisme Pencegahan Konflik Industrial di Indonesia Kelana, Dewa Sukma; Mudawaroh
HORIZON: Indonesian Journal of Multidisciplinary Vol. 4 No. 3 (2026): HORIZON: Indonesian Journal of Multidisciplinary (In-Press)
Publisher : Lembaga Intelektual Muda (LIM) Maluku

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54373/hijm.v4i3.5358

Abstract

Industrial conflicts remain a challenge in labor relations in Indonesia and require effective preventive mechanisms. Bipartite institutions are designed as forums for communication between employers and workers to prevent industrial disputes at the company level; however, their effectiveness in practice remains questionable. This study aims to analyze the role and effectiveness of Bipartite Institutions as a mechanism for preventing industrial conflicts and to identify the factors that influence their performance. The study employs a legal-empirical approach using qualitative methods. Data were collected through in-depth interviews with Bipartite Institution officials, company management, labor union representatives, and officials from the Department of Labor, supplemented by an analysis of relevant regulations and documents. The data analysis technique used is descriptive-analytical qualitative data analysis. The research findings indicate that the Bipartite Institution has not yet functioned optimally as an instrument for preventing industrial conflicts. Major constraints include weak management commitment, low capacity of the board members, minimal government oversight, and an imbalance in the relationship of interests that renders bipartite dialogue merely a formality. However, companies that consistently activate the Bipartite Institution tend to have lower levels of disputes. This study underscores the importance of strengthening the institutional framework and capacity of Bipartite Institutions to foster more harmonious and equitable industrial relations
Co-Authors Idzam Fautanu Mudawaroh Mudawaroh Saepullah, Usep