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Legal Protection of Outsourced Workers Under Indonesia’s Job Creation Law: Between Labor Market Flexibility and Workers’ Rights Caca Marwan; Abu Nawas; Rasman Habeahan
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51243

This study examines the legal protection afforded to outsourced workers under Indonesia’s Job Creation Law and its implementing regulations. The enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law on Job Creation has significantly transformed Indonesia’s labor law framework, particularly in relation to outsourcing practices. One of the most substantial regulatory changes is the removal of restrictions on the categories of work that may be outsourced, which were previously governed under Law Number 13 of 2003 concerning Manpower. The technical implementation of outsourcing arrangements is further regulated under Government Regulation Number 35 of 2021. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The study is based on the analysis of primary, secondary, and tertiary legal materials, which are examined qualitatively to evaluate the effectiveness of legal protection mechanisms for outsourced workers within the current labor law regime. The findings reveal that the post-Job Creation regulatory framework reflects a paradigm shift from restricting outsourcing practices toward emphasizing normative labor protection. Legally, outsourced workers continue to receive recognition of fundamental labor rights, including wage protection, social security, occupational health and safety guarantees, and compensation rights under fixed-term employment agreements. However, the elimination of limitations on outsourced work has expanded labor market flexibility and increased the potential use of outsourcing systems, which may consequently weaken job security and employment stability for workers. Furthermore, the trilateral legal relationship among outsourced workers, outsourcing service providers, and user companies continues to create legal ambiguities regarding responsibility and accountability in cases involving violations of workers’ rights. This study concludes that although legal protection for outsourced workers is normatively guaranteed under the Job Creation legal framework, its practical effectiveness remains highly dependent on consistent supervision, effective law enforcement, and regulatory compliance by employers. Therefore, a balanced regulatory model is necessary to harmonize economic flexibility with the protection of workers’ fundamental rights within Indonesia’s industrial relations system. Keywords: Outsourced workers; legal protection; labor law; Job Creation Law; industrial relations; labor deregulation; employment security; Indonesia.

Human Resource Authority and Professionalization within the Jakarta Metropolitan Police (Polda Metro Jaya): A Normative Legal Analysis of Institutional Reform in the Indonesian National Police Laksito Ari Kusuma; Rasman Habeahan; Abu Nawas
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51865

The Indonesian National Police (Polri) plays a strategic role in maintaining public order, enforcing the law, and delivering protection and public services as mandated by the 1945 Constitution of the Republic of Indonesia and Law No. 2 of 2002 concerning the Indonesian National Police. Professionalism within the police institution constitutes a fundamental prerequisite for fulfilling these constitutional functions, particularly in the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jaya), which faces highly complex legal and socio-political challenges. This study examines (1) the development of human resources (HR) within Polda Metro Jaya in fostering police professionalism and (2) the role of law enforcement processes in strengthening institutional HR capacity to enhance professional standards. The research employs a normative legal method using statutory and conceptual approaches to analyze regulatory frameworks, institutional policies, and professional ethics standards governing police conduct. The findings indicate that human resource development represents a critical pillar in advancing institutional professionalism, improving public service quality, and reinforcing public trust. Although adequate legal foundations and internal regulatory mechanisms are in place, the implementation of HR development at Polda Metro Jaya continues to face structural and cultural challenges. These include inconsistencies in ethical enforcement, limitations in professional capacity building, and resistance to organizational cultural transformation. This study argues that sustainable and integrity-based HR reform is essential to strengthening police professionalism and institutional legitimacy. The research contributes to the discourse on police reform by emphasizing the centrality of normative governance, ethical accountability, and organizational culture in achieving a professional and publicly trusted law enforcement institution. Keywords Jakarta Metropolitan Police; Police Professionalism; Human Resource Development; Police Ethics; Institutional Reform

The Effectiveness of Village Heads as Mediators in Land Dispute Resolution: An Empirical Juridical Study in Pasilian Village, Tangerang Regency Abdulatip Abdulatip; Muh Nasir; Rasman Habeahan
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.52106

Land disputes remain a persistent challenge in rural Indonesia, often threatening social cohesion and local development. While formal litigation offers a legally binding resolution, its cost, complexity, and length frequently deter village communities. Consequently, alternative dispute resolution through mediation has emerged as a preferred mechanism, with the Village Head functioning as a key mediator due to his or her formal authority and social legitimacy. This study examines the implementation and effectiveness of the Village Head's mediating role in land disputes in Pasilian Village, Kronjo District, Tangerang Regency. Employing a socio-legal or empirical-normative research methodology, the study combines analysis of statutory regulations with empirical data obtained through in-depth interviews, direct observation, and documentary analysis. The findings reveal that the Village Head performs multiple functions: as a facilitator of dialogue, a neutral intermediary, and a guardian of local wisdom. However, the effectiveness of this role is constrained by several factors, including limited legal knowledge regarding agrarian law and mediation techniques, the absence of standardised procedural guidelines, weak administrative documentation of land rights, and the potential for bias arising from kinship ties or local political interests. Furthermore, mediation outcomes lack formal executorial force, undermining legal certainty. The study concludes that while the Village Head's mediation offers significant advantages in terms of speed, cost, and social harmony, its sustainability requires institutional reinforcement through capacity-building programmes, clearer regulatory frameworks, and enhanced coordination with land agencies. Recommendations include the development of standard operating procedures for village-level mediation, systematic training for Village Heads in agrarian law and conflict resolution, and improved land administration systems to prevent future disputes. Keywords: Village Head; mediation; land dispute; socio-legal study; alternative dispute resolution

Pharmacist Criminal Liability for Ensuring Safe Pharmaceutical Services: A Critical Analysis of Indonesia's Omnibus Health Law Number 17 of 2023 from a Comparative Perspective Dani Yuniadi; Abu Nawas; Rasman Habeahan
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.52581

The enactment of Indonesia's Law Number 17 of 2023 on Health represents a significant legislative reform, consolidating and replacing multiple sectoral laws. Within this new framework, the criminal liability of pharmacists for failures in pharmaceutical service delivery remains a critical yet underexplored issue. This article investigates the extent to which the 2023 Health Law establishes a robust legal framework for holding pharmacists criminally accountable, particularly when their absence or negligence compromises patient safety and public health. Employing a normative juridical methodology with statutory, conceptual, and comparative approaches, this study analyzes primary legal materials including the Health Law, the Indonesian Criminal Code (KUHP), and relevant implementing regulations, alongside secondary legal scholarship. The research identifies a fundamental legal lacuna: while the 2023 Law criminalizes the practice of pharmacy by unauthorized persons (non-pharmacists), it fails to provide explicit criminal sanctions for the managing pharmacist who abandons their duties, thereby creating the conditions for such illegal practice. This regulatory gap undermines legal certainty, weakens patient protection, and contradicts the principle of proportionality in criminal law. The findings are critically compared with regulatory frameworks in the United Kingdom, Australia, and Singapore, which adopt more explicit models of vicarious and direct criminal liability for pharmacist supervisors. The article concludes that the current Indonesian framework provides insufficient deterrence against pharmacist absenteeism, compromising the quality of pharmaceutical care and endangering patients. It offers concrete recommendations for legal reform, including the introduction of specific criminal provisions targeting dereliction of duty by pharmacists, strengthening of supervisory mechanisms, and enhancement of the professional regulatory body's enforcement powers to ensure both legal certainty and robust public health protection. Keywords Pharmacist Criminal Liability; Pharmaceutical Services; Health Law Number 17 of 2023; Patient Protection; Legal Certainty; Comparative Health Law; Indonesian Health Law Reform; Professional Negligence

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