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All Journal Jurnal Hukum Lex Generalis jle
Rizka Amelia Azis
Universitas Esa Unggul
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Penerapan Aturan Ganti Rugi bagi Karyawan Kontrak akibat Pengakhiran Perjanjian sebelum Berakhirnya Masa Perjanjian di PT. SII berdasarkan Undang-Undang Ketenagakerjaan Nurhayani Nurhayani; Rizka Amelia Azis; Elok Hikmawati
Jurnal Hukum Lex Generalis Vol 7 No 5 (2026): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i5.3233

Abstract

This research aims to examine the implementation of Article 62 of Law Number 13 of 2003 concerning Labor, which regulates the obligation to provide compensation by the party that unilaterally terminates a Fixed-Term Employment Agreement (PKWT) before its expiration. This study employs a normative-empirical legal method through a qualitative approach, combining literature review and field research. Although the compensation provision is intended to protect workers, it often creates an imbalance for employers when PKWT employees who resign unilaterally are unwilling or unable to pay the required compensation. The findings indicate that PT. SII consistently applies the compensation mechanism based on Article 62 of the Labor Law, utilizing orderly administrative procedures—ranging from the submission of resignation letters and negotiations on the ability to pay to the drafting of statements that serve as the basis for payroll deductions. Furthermore, this research compares two PKWT legal regimes: under Law Number 13 of 2003 and post-Job Creation Law via Government Regulation Number 35 of 2021 revealing significant changes regarding PKWT duration limits and the introduction of "compensation pay" as new instrument. If a worker refuses to pay the compensation, the company may pursue legal remedies progressively through bipartite and tripartite scheme, up to filing lawsuit in Industrial Relations Court.
Legal Safeguards for Government Criticism Expression on Social Media Platforms Under the 2016 Information and Electronic Transactions Law (Law No. 19/2016) Amadeus Yves Bimoribowo; Rizka Amelia Azis
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.324

Abstract

Advances in information technology in the digital era have given rise to social media as a new means for people to voice their opinions, including criticizing the government. However, this freedom of expression often conflicts with legal aspects, particularly the provisions of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), which was amended by Law Number 19 of 2016, specifically Article 27 paragraph (3) and Article 28 paragraph (2). This research aims to examine how these two articles are implemented in responding to criticism of the government conveyed through social media and the extent to which legal protection is provided to citizens. The focus of the research was directed toward the case of Bima Yudho Saputro, who was reported for criticizing conditions in his home region through TikTok. This research adopts a normative juridical method with an analytical approach to legal and case research. The findings suggest that these articles are often misinterpreted and risk criminalizing legally valid forms of criticism, despite not fulfilling the elements of a crime. Legal protection, both preventive and repressive, remains ineffective due to weak regulations, insufficient understanding among law enforcement officials, and limited public access to legal aid. Therefore, regulatory reform and institutional strengthening are needed to ensure that freedom of expression remains protected within a democratic, rule-of-law system.
Co-Authors Amadeus Yves Bimoribowo Elok Hikmawati Nurhayani Nurhayani