I Nyoman Putu Budiartha
Universitas Warmadewa, Denpasar

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Legal Protection for Workers Experiencing Inter-Legal Entity Transfers within Corporate Groups in Indonesia Ratih Wedhasari; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.50248

Abstract

The development of corporate groups in Indonesia has led to increasingly complex employment relations, particularly regarding the practice of transferring workers between legally distinct entities within the same corporate group. Although such transfers are economically justified by integrated business operations and centralized management, Indonesian labor law has not explicitly regulated inter–legal entity transfers. Existing regulations under the Manpower Law and the Job Creation Law primarily recognize transfers within a single legal entity as a managerial prerogative, leaving a normative gap that creates legal uncertainty and potential violations of workers’ rights. This condition is reflected in judicial practice, notably in Industrial Relations Court Decision No. 10/Pdt.Sus-PHI/2021/PN Tjk, which emphasizes formal legality while offering limited substantive protection to workers. This research employs a normative juridical method with a statutory, conceptual, and case approach. Primary legal materials include labor and corporate legislation, judicial decisions, and collective labor agreements, while secondary materials consist of legal doctrines and scholarly works. Legal materials are analyzed qualitatively through systematic interpretation to assess the adequacy of existing regulations and judicial reasoning. The findings reveal that the absence of explicit legal norms governing inter–legal entity transfers within corporate groups has resulted in inconsistent practices and weakened worker protection. Transfers are often treated as managerial policies without sufficient assessment of good faith, proportionality, or the continuity of workers’ rights. The study argues that legal protection for transferred workers should be constructed on a balanced integration of justice, legal certainty, and utility. It further proposes a dual protection model: preventive protection through explicit statutory regulation and strengthened cross-entity collective labor agreements, and repressive protection through progressive judicial interpretation and effective dispute resolution mechanisms. This study concludes that recognizing corporate groups as single economic units with labor law relevance is essential to ensure substantive justice, protect workers’ rights, and promote sustainable industrial relations in Indonesia.
Asas Ketertiban Umum dalam Pelaksanaan Putusan Arbitrase Internasional di Indonesia A.A. Istri Agung Cintya Anomsari; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Settlement of international business disputes is usually resolved through international arbitration, as it is "one of the basic principles of international trade law. However, the execution of international arbitration awards in Indonesia is difficult even though Indonesia has ratified the 1958 New York Convention on the Recognition of Foreign Arbitration Awards. The problem is "How is the procedure for the execution of international arbitration awards in the settlement of business disputes in Indonesia? and How is the implication of the principle of public order on international arbitration awards in the settlement of business disputes in Indonesia?" The research method used is the type of normative research with a statutory and conceptual approach. The results of this study are, the regulation of the procedures for implementing international arbitration awards that must be fulfilled, namely the award must fall within the scope of trade law and not conflict with public order. The award must obtain execution from the Chairman of the Central Jakarta District Court. The implication in the implementation of International Arbitration awards in Indonesia is that there is a cancellation or rejection because it is contrary to the Principle of Public Order. This creates legal uncertainty in the settlement of business disputes through international arbitration.