AT-TAFAHUM: Journal of Islamic Law
Vol 8, No 2 (2024)

Employment Law Politics in Indonesia

Fernanda, Muhammad Ramzy (University of Northern Sumatra)
Ramzy, Muhamad (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Sep 2024

Abstract

This study aims to analyze the legal politics of employment in Indonesia in relation to labor protection and the dynamics of applicable legal policies. Legal politics of employment is the direction of state policy in regulating the relationship between workers, employers, and the government in order to realize social justice and public welfare. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and analysis. Data were obtained through a literature review covering primary, secondary, and tertiary legal materials. The results of this study indicate that, legally applicable normatively, labor regulations in Indonesia have been regulated in Law No. 13 of 2003, which has been updated by Law No. 11 of 2020 and Law No. 6 of 2023 concerning Job Creation. However, in its implementation, various problems remain, such as weak supervision, unequal positions between workers and employers, and suboptimal labor protection, especially in flexible work systems such as fixed-term employment agreements (PKWT), outsourcing, and digital platform-based workers. Furthermore, employment policies also demonstrate a trade-off between the interests of worker protection and investment. Therefore, more adaptive, equitable legal policies are needed that provide optimal protection for workers without neglecting national economic growth.

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