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Analysis of Legal Protection Concepts for Workers in the Informal Sector Based on Indonesian Laws and Regulations: Analisis Konsep Perlindungan Hukum Terhadap Pekerja di Sektor Informal Berdasarkan Ketentuan Peraturan Perundang-Undangan di Indonesia Grace Avianti; Gunardi Lie
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12895

General Background: Informal sector workers play a crucial role in Indonesia’s labor market yet remain highly vulnerable due to limited legal protection. Specific Background: Existing regulations—including the Manpower Act, Job Creation Law, BPJS Law, and Government Regulation No. 35/2021—primarily regulate formal employment, leaving informal workers without explicit safeguards. Knowledge Gap: Despite their dominant share in the workforce, the normative framework insufficiently addresses the unique characteristics of informal employment and the widespread misclassification practices used to avoid employers’ legal obligations. Aims: This study analyzes the legal concept of protection for informal workers and evaluates how judicial reasoning in Supreme Court Decision No. 1049 K/Pdt.Sus-PHI/2023 reinforces such protection. Results: Findings indicate fragmented regulations that normatively recognize worker rights but fail to provide comprehensive operational mechanisms, requiring judicial interpretation to uphold substantive justice. Novelty: This study highlights how the Supreme Court’s substantive approach—affirming factual employment elements over formal documentation—fills normative gaps and corrects lower-court formalism. Implications: Strengthening explicit legal recognition of informal workers, enforcing BPJS obligations, and standardizing judicial tests for employment status are essential to ensure equitable and inclusive labor protection in Indonesia. Highlights: The legal framework for informal workers remains fragmented and insufficient. The Supreme Court prioritizes factual employment elements over formal documents. Strengthened regulation is needed to ensure equitable protection for informal labor. Keywords: Legal Protection, Informal Workers, Employment Relationship, Supreme Court, Labor Regulation

Harmonization of Standard Insurance Clauses: A Consumer Protection and Fairness Perspective: Harmonisasi Klausula Baku Asuransi: Perspektif Perlindungan Konsumen dan Keadilan Margareta Kristiani Hartono; Gunardi Lie
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12912

General Background: Standardized insurance contracts containing boilerplate clauses dominate the industry due to efficiency demands. Specific Background: However, these clauses create structural inequalities in bargaining power and limit consumers’ ability to understand or negotiate policy terms. Knowledge Gap: Existing regulations, including the Consumer Protection Law, prohibit unfair terms yet remain insufficient to address ambiguities, exoneration clauses, and inconsistencies between legal norms and market practice. Aims: This study analyzes the legal implications of standard insurance clauses, their impact on contractual fairness, and the necessity of harmonized regulation to protect consumers. Results: Findings reveal that unilateral clause drafting perpetuates information asymmetry and facilitates claim denials, while oversight by regulators and dispute-resolution bodies remains fragmented. Novelty: The study proposes a responsive regulatory model that integrates preventive supervision by the Financial Services Authority, normative statutory safeguards, and corrective judicial interpretation—particularly through doctrines such as contra proferentem and reasonable expectations. Implications: Harmonizing essential clauses can balance contractual freedom with substantive fairness, strengthen consumer protection, and enhance transparency and trust in Indonesia’s insurance ecosystem. Highlights: Highlights how boilerplate insurance clauses create structural bargaining power imbalances and legal uncertainty for consumers. Identifies the gap between consumer protection norms and their implementation in regulating standard insurance policy terms. Proposes a responsive regulatory model combining OJK supervision, statutory safeguards, and judicial doctrines such as contra proferentem. Keywords: Boilerplate Clauses, Insurance Contracts, Consumer Protection, Contractual Fairness, Harmonization

Unilateral Termination of Employment for Employees on the Grounds of Company Efficiency: Pemutusan Hubungan Kerja Secara Sepihak Terhadap Pekerja Dengan Alasan Efisiensi Perusahaan Cendana Suryani; Gunardi Lie
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12914

General Background: Employment termination due to corporate efficiency remains a critical issue within Indonesia’s labor framework, as it directly affects workers’ rights and socio-economic stability. Specific Background: Although statutory provisions such as Law No. 13/2003 and its amendments regulate termination, ambiguity persists, particularly regarding the scope of “efficiency,” allowing broad employer discretion. Knowledge Gap: Existing regulations fail to define efficiency clearly and diverge from Constitutional Court rulings requiring permanent business closure, creating inconsistencies in practice. Aims: This study examines the legal basis for efficiency-based termination and identifies corporate considerations in implementing labor efficiency measures. Results: Findings show that recent regulations, particularly PP 35/2021, expand employer flexibility by permitting efficiency-based termination without permanent shutdown, contradicting constitutional standards while increasing risks of unilateral action. Companies must assess internal-external factors, map affected employees, allocate severance budgets, and prepare comprehensive documentation. Novelty: This research highlights the regulatory dissonance between statutory reforms and constitutional jurisprudence while providing a structured framework for lawful termination practices. Implications: Ensuring compliance with legal principles and safeguarding workers’ rights is essential to prevent misuse of efficiency claims and uphold social justice within industrial relations. Highlights: Highlights the legal inconsistency between labor laws and Constitutional Court decisions on efficiency-based termination. Emphasizes the risk of unilateral layoffs due to the vague definition of “efficiency” and “company loss.” Stresses the need for structured corporate procedures to protect workers’ rights and ensure lawful, transparent PHK. Keywords: Termination of Employment, Company Efficiency, Labor Law, Workers’ Rights, Constitutional Conflict

A Normative Analysis of the Regulation of Termination of Employment For Fixed-Term Employment Agreements Workers Following the Job Creation Law: Kajian Normatif Pengaturan Pemutusan Hubungan Kerja Pekerja Perjanjian Kerja Waktu Tertentu Pasca Undang-Undang Cipta Kerja Grace Natalie Lim; Gunardi Lie
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12930

General Background: The regulation of termination of employment for workers under Fixed-Term Employment Agreements (PKWT) has gained urgency following recent reforms in Indonesia’s labor market. Specific Background: The Job Creation Law and Government Regulation No. 35/2021 introduced new standards intended to enhance flexibility while reshaping the protection framework for contract workers. Knowledge Gap: Despite these reforms, inconsistencies in interpretation, weak enforcement, and uneven implementation continue to create legal uncertainty, particularly in cases of unilateral termination and compensation. Aims: This study conducts a normative juridical analysis to assess the alignment of PKWT termination regulations with core principles of national labor law. Results: The findings indicate that although the new regulations clarify compensation entitlements, they do not fully guarantee fairness or legal certainty due to limited worker awareness, regulatory overlap, and ineffective supervisory mechanisms. Novelty: This research offers an integrated assessment that connects statutory reform, judicial practice, and labor protection principles, exposing gaps between legal norms and practical application. Implications: Enhanced harmonization, stronger supervisory systems, and clearer technical regulations are necessary to achieve balanced labor flexibility and social justice within Indonesia’s evolving industrial relations framework. Highlights: Highlights legal changes to PKWT termination and compensation after the Job Creation Law. Reveals gaps between normative protection and practical implementation in the field. Emphasizes the need for harmonized regulations and stronger labor supervision. Keywords: Fixed-term Employment Agreements, Termination of Employment, Job Creation Law, Worker Protection, Labor Law Reform

An Analysis of Unilateral Termination of Employment by Employers under Indonesia’s Manpower Law: Analisis Pemutusan Hubungan Kerja Secara Sepihak oleh Pengusaha Menurut Undang-Undang Ketenagakerjaan di Indonesia Syahrana Kezia Anjunien Gunawan; Gunardi Lie
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12931

General Background: Unilateral termination of employment (PHK sepihak) remains a persistent issue in Indonesia’s industrial relations, affecting workers’ economic and social stability. Specific Background: Despite the comprehensive regulation under Law No. 13/2003 on Manpower, gaps persist between legal norms and actual practices, particularly regarding procedural compliance and workers’ access to remedies. Knowledge Gap: Limited studies thoroughly examine how statutory provisions, post-MK decisions, and dispute-resolution mechanisms interact to shape the legality and consequences of unilateral termination. Aim: This study analyzes the legal framework governing unilateral termination, its legal consequences, and the protective mechanisms available to workers. Results: Findings show that unilateral termination is only lawful under conditions strictly regulated in the Manpower Law, including proven gross misconduct, corporate restructuring, or operational necessities, and must be accompanied by mandatory procedures such as negotiation and adjudication. Employers are obligated to provide severance, service appreciation pay, and compensation for rights, with variations depending on the grounds for termination. Novelty: This research integrates statutory analysis, judicial developments, and procedural safeguards to reveal persistent inconsistencies between legal standards and practical enforcement. Implications: Strengthening supervision, legal literacy, and procedural compliance is crucial to preventing arbitrary terminations and ensuring substantive worker protection. Highlights: The law strictly limits when employers may carry out unilateral termination. Workers are entitled to severance and other compensations based on legal provisions. Dispute-resolution mechanisms provide formal protection against arbitrary termination. Keywords: Unilateral Termination, Manpower Law, Worker Protection, Severance Rights, Industrial Relations

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