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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Achmad Benyamin Daniel
Universitas Katolik Parahyangan
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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QUIET FIRING AND SILENT FIRING FROM THE PERSPECTIVE OF INDONESIAN LABOR LAW Achmad Benyamin Daniel; Lia Christine; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4618

Abstract

Quiet firing and silent firing are emerging phenomena in employment, arising alongside the transformation of industrial relations in the digital and platform economy era. Quiet firing refers to a company's strategy of encouraging employees to resign without formal termination, while silent firing occurs when employees are "quietly forced out" through the neglect of their roles or psychological pressure. This article analyzes these two phenomena within the context of Indonesian labor law, with a comparison to the labor law systems in Singapore and the United States. An interdisciplinary approach is employed to review the juridical, social, economic, and psychological aspects affecting workers. The analysis results indicate that the lack of explicit regulation regarding quiet firing and silent firing creates a legal vacuum that potentially violates the principle of labor protection as stated in Article 27 paragraph (2) and Article 28D of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and Law Number 13 of 2003 juncto Law Number 6 of 2023 concerning Job Creation. In the international context, ILO Convention No. 158 affirms that every termination of employment must have a valid reason and be carried out through due process. Therefore, this article recommends the establishment of new norms within national labor law to address these practices of concealed termination, as well as strengthening the mechanism for labor supervision based on social justice.
SHIFTING SOCIAL CONTROL AND THE DIRECTION OF LAW ENFORCEMENT IN THE VINA CIREBON CASE THROUGH THE CORRECTIVE FUNCTION OF SOCIAL MEDIA TOWARDS LAW IN ACTION Achmad Benyamin Daniel; Lia Christine; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4801

Abstract

the paradigm of social control from formal institutional mechanisms to informal, social media–based control in the digital era. The research is grounded in the prolonged stagnation of case handling, which exposed a significant gap between Law in the Books and Law in Action, later corrected through massive digital public pressure following the case's viral resurgence. The urgency of this study lies in understanding how social media facilitates the transformation of social control, performs a corrective function toward law enforcement practices, and reshapes public perceptions of the legitimacy and authority of the formal judicial system. This research employs a normative juridical method with a sociology of law perspective, using statutory, case, and conceptual approaches, supported by secondary data analyzed through qualitative descriptive-analytical techniques. The findings demonstrate that social media has emerged as a powerful instrument of informal social control capable of compelling law enforcement institutions to become more responsive and transparent, while simultaneously revealing a growing dependence of law enforcement on virality. Conversely, intense digital public pressure also generates risks, including reactive law enforcement, procedural haste, erosion of due process, and threats to the presumption of innocence. This study concludes that law enforcement in the digital age requires a careful balance between critical public oversight and consistent adherence to formal legal procedures in order to safeguard the rule of law and maintain the legitimacy of the justice system.
TRANSFORMATION OF SOCIAL CONTROL RELATED TO THE SHIFT FROM DIRECT INTERACTION TO LAW ENFORCEMENT AUTOMATION IN THE IMPLEMENTATION OF ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) Lia Christine; Achmad Benyamin Daniel; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4803

Abstract

This study analyzes the legal sociology implications of the implementation of the ETLE system in Indonesia, which represents a radical shift in social control mechanisms from personal interaction to automation. The main issue that arises is the tension between the system's goal of achieving zero tolerance transparency and the social reality that creates resistance and uncertainty of accountability between vehicle owners and drivers. The urgency of this research lies in evaluating the effectiveness of ETLE in transforming traffic law enforcement, analyzing the impact of changes in social control on perceptions of justice and public trust, and examining the role of legal culture and social structure in the acceptance of the ETLE system. This research employs a normative legal method with legislative, case, and conceptual approaches. Secondary data were collected through literature review of primary legal sources such as the Traffic Law (UU LLAJ) and Police Regulation No. 2 of 2025, as well as secondary legal materials. The data were then analyzed qualitatively. The findings indicate that ETLE effectively reduces corruption and enhances certainty of enforcement at the operational level. However, the automation of social control undermines procedural justice due to ambiguities in identifying legal subjects and shifts the burden of evidence. This leads to the manifestation of entrenched negotiative legal culture as both active and passive resistance, signaling that the legal legitimacy built by technology has not been fully accepted. Therefore, the enforcement of ETLE must be complemented by structural improvements in population data and the enhancement of fair clarification channels to foster long-term normative compliance.
Disguised Employment Relationship Towards Platform-Based Drivers: Indonesian and United Kingdom Law Perspective Lia Christine; Achmad Benyamin Daniel; Tresnawati Tresnawati; Catharina Dewi Wulansari
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no1.4833

Abstract

Digital technology has created non-conventional employment through platform applications, exemplified by platform-based drivers in Indonesia. Their relationship with App Provider Companies is governed by partnership agreements, resulting in unclear legal status and limited labour protection. This study examines the legal vacuum that leaves drivers without social security and workers’ rights, despite fulfilling employment elements; work, wages, and control. Using a juridical normative approach, it finds that partnership agreements may disguise employment to evade employer obligations. The UK Uber case supports recognising drivers as workers entitled to protection. Special regulations are needed to formalise their status and safeguard rights and welfare in the digital economy.
Co-Authors Catharina Dewi Wulansari Lia Christine Tresnawati Tresnawati