Herlita Eryke
Faculty of Law University of Bengkulu

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Reconstruction of the Principle of Legality in Law Number 1 of 2023: An Analysis of the Extension of Living Law in Society and Its Implications for Legal Certainty Indah Cahya Purnama; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.57

Abstract

This study examines the effect of the application of living law on legal certainty in Indonesia's criminal justice system after the enactment of Law Number 1 of 2023. The analysis is based on 412 court decisions from 2022 to 2025, comparing conditions before and after the reform . The findings show a significant increase in the intensity of living law application, reflected in higher references to local norms, stronger sociological reasoning, and greater influence on judicial decisions. At the same time, legal certainty declined, as indicated by reduced decision consistency, increased judging disparity, and higher rates of legal appeals . Regression results confirm that all indicators of living law application have a negative and significant effect on legal certainty. The strongest effect comes from the influence of living law on judicial decisions, followed by sociological reasoning and references to local norms . This study provides an empirical contribution to the literature on legal pluralism and criminal law reform by demonstrating how the expansion of non-written norms affects judicial consistency. The findings highlight the need for clear interpretative guidelines to ensure balance between flexibility and legal certainty.   Keywords :​ Living law, legal certainty, criminal justice, sentencing disparity.
Legal Analysis of Oral Indefinite-Term Employment Agreements (PKWTT) from the Perspective of Law No. 11 of 2020 on Job Creation Hafidz Alkhairi; Fero Sanjaya; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.60

Abstract

This study aims to analyze the legal aspects of oral indefinite-term employment agreements (PKWTT) within the framework of Law Number 11 of 2020 on Job Creation. The main issues examined include the legal validity of oral employment agreements, the differences in characteristics between fixed-term employment agreements (PKWT) and indefinite-term employment agreements (PKWTT), as well as the legal consequences arising from termination of employment (PHK), particularly unilateral termination by employers. This research employs a normative legal method using statutory and conceptual approaches, based on primary, secondary, and tertiary legal materials. The results show that oral employment agreements are legally valid within the context of PKWTT, as long as they fulfill the essential elements of a valid agreement and comply with applicable laws and regulations. However, to ensure legal certainty, employers are required to issue an appointment letter as formal evidence of the employment relationship. Furthermore, if a fixed-term employment agreement (PKWT) is not made in written form, it is legally converted into an indefinite-term employment agreement (PKWTT). In cases of termination of employment, workers under PKWTT status are entitled to severity pay, long-service awards, and compensation in accordance with prevailing regulations. Violations of these obligations may result in administrative and criminal sanctions as specified in the implementing regulations of the Job Creation Law. In conclusion, oral employment agreements in PKWTT are legally recognized; However, they require stronger administrative compliance and legal protection to safeguard workers' rights and ensure legal certainty in industrial relations.   Keywords : Employment Agreement, PKWTT, Oral Agreement, Job Creation Law, Legal Certainty.