Lex Publica
Vol. 13 No. 1 (2026):

Legal Protection of Workers Under Civil Code and Job Creation Law

Edy Lisdiyono (Universitas 17 Agustus 1945 (UNTAG) Semarang, Semarang, Indonesia)
Dina Imam Supaat (Universitas Sains Islam Malaysia, Negeri Sembilan, Malaysia)



Article Info

Publish Date
23 Jun 2026

Abstract

Employment relations often place workers in a weaker bargaining position, increasing the risk of violations of their rights by employers. The enactment of the Job Creation Law (UU Cipta Kerja) has introduced greater labor flexibility while raising concerns about worker protection. This study analyzes the relevance of unlawful acts under Article 1365 of the Indonesian Civil Code in employment relations following the enactment of the Job Creation Law, identifies forms of unlawful acts committed by employers, and examines legal remedies available to workers. This research employs a normative legal method using statutory and conceptual approaches, supported by legislation, legal doctrines, and scholarly literature. The findings indicate that Article 1365 of the Civil Code remains an important complementary mechanism when labor law remedies are inadequate. Employers may be held liable for violations of normative rights, misuse of fixed-term employment agreements and outsourcing, unlawful termination, workplace harassment, occupational safety breaches, and privacy violations. Workers may seek material and immaterial compensation through civil litigation. The study emphasizes stronger harmonization between labor and civil law to ensure more effective and comprehensive protection of workers’ rights.

Copyrights © 2026






Journal Info

Abbrev

lexpublica

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June ...