International Journal of Social Service and Research
Vol. 6 No. 2 (2026): International Journal of Social Service and Research

Legal Uncertainty in the Protection of Workers’ Rights at Retirement Age: A Normative–Empirical Study Within Indonesia’s Pancasila Welfare State Framework

Torang Maruli Manalu, David (Unknown)
Citrawinda, Cita (Unknown)
Sinaga, Parbuntian (Unknown)
Hartanto, Hartanto (Unknown)
Budiman, Anwar (Unknown)



Article Info

Publish Date
27 Feb 2026

Abstract

This study examines legal uncertainty concerning the protection of workers’ rights upon reaching retirement age within Indonesia’s labor law regime. The research is motivated by inconsistencies in regulatory norms, ambiguities in legal provisions, and disparities in judicial interpretations regarding retirement entitlements. Employing a normative–empirical methodology, the study analyzes statutory regulations, court decisions, and empirical data obtained from interviews with stakeholders, including labor authorities, employers, and workers. The findings reveal that legal uncertainty primarily stems from incomplete regulatory formulations in Government Regulation No. 35 of 2021, particularly regarding procedures for retirement-related termination, calculation mechanisms for retirement benefits, and the legal status of pension fund contributions. Moreover, the regulation disproportionately positions employers as the dominant party in retirement decisions, thereby generating procedural injustice and weakening workers’ bargaining power. Judicial practices further demonstrate interpretative variations that contribute to inconsistent legal outcomes. The study argues that legal reconstruction is necessary to ensure certainty, fairness, and balance in retirement-related employment termination. It proposes strengthening normative clarity, recognizing workers’ rights to initiate retirement, and enhancing tripartite synergy among government, employers, and labor unions. The research contributes to the discourse on labor protection by advancing a justice-oriented framework aligned with the principles of the Pancasila Welfare State.

Copyrights © 2026






Journal Info

Abbrev

ijssr

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Social Service and Research is a double-blind, peer-reviewed academic journal with open access to social and scientific fields. The journal is published monthly by Ridwan Institute. International Journal of Social Service and Research provides a means for sustained ...