Kanun: Jurnal Ilmu Hukum
Vol 27, No 1: April 2025: Customary Law and development in Indonesia

NORMATIVE GAPS IN EMPLOYMENT RIGHTS PROTECTION WITHIN CIVIL SERVICE CONTRACTS IN DIVORCE DISPUTES: A COMPARATIVE STUDY OF INDONESIA AND HUNGARY

Saputro, Rizqi Hadi (Unknown)
Sudharma, Kadek Januarsa Adi (Unknown)
Lukcs Nikolet, Talabos Dvidn (Unknown)



Article Info

Publish Date
30 Apr 2025

Abstract

This article analyzes a normative gap in the protection of civil servant contracts during divorce disputes by conducting a comparative study between Indonesia and Hungary. This study is normative legal research with a conceptual, comparative, and legislative approach. This article affirms that the issues surrounding the protection of employment rights in civil servant contracts during divorce disputes reveal normative gaps due to the disharmony between legal regimes, particularly between employment law and family law, as well as the weak integration between judicial decisions and administrative implementation. These conditions result in the absence of a clear and uniform mechanism for the implementation of post-divorce economic rights, leading to variations in practices that culminate in legal uncertainty and potential injustice for the parties involved. Through a comparative legal approach between Indonesia and Hungary, this study finds that the difference in the construction of the relationship between the private and public spheres significantly affects the level of labor rights protection, where Indonesia tends to be interventionist (over-regulation), while Hungary emphasizes a clear separation (under-regulation) with stronger individual rights protection. This research emphasizes the need for a reformulation of legal policies that balance institutional interests and private rights through the principles of proportionality, justice, and strengthening implementation mechanisms, to create a more effective, consistent, and substantively just system of labor rights protection in the context of divorce disputes for Civil Servants (PNS).

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...