Jurnal IUS (Kajian Hukum dan Keadilan)
Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)

Ensuring Justice in the Trend of Remote Working: Legal Challenges and Implications for Companies and Workers

Weny Almoravid Dungga (Unknown)
Ahmad, Ahmad (Unknown)
Karem Aboelazm, Karem Aboelazm (Unknown)
Dewi Mulyanti, Dewi Mulyanti (Unknown)
Novendri M. Nggilu, Novendri M. Nggilu (Unknown)



Article Info

Publish Date
30 Apr 2026

Abstract

This study examines the legal challenges of remote working in Indonesia, aiming to inform comprehensive, justice-based employment policies. Employing a normative juridical method with statutory, conceptual, and case-based approaches, including analysis of Indonesian court decisions, the research reveals that remote work faces structural injustice due to regulatory gaps. The Ma power Law (Law No. 13/2003) and Job Creation Law (Law No. 11/2020 jo. Law No. 6/2023) lack specific remote work provisions, while foundational Civil Code (Burgerlijk Wetboek/BW) principles governing employment contracts remain underutilized. This regulatory vacuum generates legal uncertainty that disproportionately affects vulnerable workers. Persistent gaps concern working hours, overtime, occupational health and safety, data protection, monitoring, employment agreements, social security, and cross-border taxation, leaving weak and unilateral corporate policies as the de facto framework. Comparative analysis of Russia, Spain, Turkey, and the Netherlands confirms that comprehensive legislation is both feasible and necessary. Grounded in justice theory, this study argues that regulating of remote work goes beyond administrative technicalities and forms part of the protection of fundamental constitutional rights. Consequently, Indonesia must enact dedicated legislation establishing minimum standards to ensure equitable protection, dignity, equality, and legal certainty for all workers in the digital era..

Copyrights © 2026






Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...