Sandy Wiratno H Simanjuntak
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ANALISIS YURIDIS TERHADAP HAK DAN KEWAJIBAN PEKERJA BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN Sandy Wiratno H Simanjuntak
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.341

Abstract

This study aims to provide a juridical analysis of workers’ rights and obligations based on labor law in Indonesia. The focus of the study lies in the normative regulation governing employment relationships between workers and employers. The research employs a normative legal approach using primary, secondary, and tertiary legal materials. The analysis is conducted qualitatively through interpretation of relevant statutory provisions. The results indicate that labor law in Indonesia has established a comprehensive framework regulating workers’ rights, including fair wages, social security, occupational safety, and freedom of association. Workers’ obligations are also clearly defined through provisions related to job performance, compliance with company regulations, and responsibility toward company interests. The main issue is found in the implementation aspect, where a gap exists between legal norms and practical conditions. Contributing factors include low legal awareness, weak supervision, and the increasing complexity of modern employment systems. The study concludes that the Indonesian labor law system has a strong normative foundation. Improvements are required in law enforcement, legal awareness, and regulatory reform to address contemporary labor challenges.
ANALISIS PENYELESAIAN SENGKETA DALAM TRANSAKSI BISNIS INTERNASIONAL MELALUI ARBITRASE Sandy Wiratno H Simanjuntak
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.342

Abstract

This study aims to analyze dispute resolution in international business transactions through arbitration as one of the alternative dispute resolution mechanisms widely used in global trade practices. The increasing number of crossborder transactions has given rise to various dispute potentials due to differences in legal systems, jurisdictions, languages, and the economic interests of the parties involved. In such circumstances, arbitration serves as a dispute resolution forum considered more effective than litigation because it is flexible, confidential, efficient, and produces final and binding decisions. This research employs a normative legal research method with statutory, conceptual, and case approaches. The data sources consist of primary, secondary, and tertiary legal materials obtained through library research. The findings indicate that arbitration holds a highly significant position in resolving international business disputes as it provides legal certainty and neutrality for parties from different countries. The arbitration mechanism begins with the inclusion of an arbitration clause in the contract, followed by the filing of a claim, the formation of an arbitral tribunal, case examination, and the enforcement of the award. Nevertheless, arbitration also has several weaknesses, such as relatively high costs, limited legal remedies, and obstacles in enforcing arbitral awards in certain countries. Therefore, arbitration remains the preferred mechanism for resolving international business disputes as long as it is supported by clear contractual clauses and a supportive legal system.