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Arinto Nugroho
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Indonesian Journal Of Labour Law and Industrial Relation Fakultas Hukum, Universitas Negeri Surabaya Jl. Ketintang Gedung F01.02.04, Ketintang, Gayungan, Kota SBY, Jawa Timur 60231
Location
Kota surabaya,
Jawa timur
INDONESIA
Indonesian Journal of Labour law and Industrial Relations
Published by Universitas Negeri Surabaya
ISSN : -     EISSN : 30908477     DOI : https://doi.org/10.26740/ijllir
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Indonesian Journal of Labor Law and Industrial Relations is a peer-reviewed academic journal that was established by the Faculty of Law, Surabaya State University, with a particular focus on labor law, industrial relations, and industrial relations dispute resolution, both within Indonesia and internationally. This journal is currently under consideration for inclusion in the Scopus database of academic journals. It is published twice a year, in June and December, and all articles are in English. The journal is published in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 22 Documents
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Validity Of Overtime Beyond The Established Regulations Based On Employment Agreement At PT TKB Tasya Destinasari; Ikram, Denial
Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v1i02.36557

Abstract

This study examines the implementation of overtime work policies at PT TKB, a Food and Beverage company operating in Surabaya, with a focus on the "Store Keeper" position. The issue arises as the company imposes a 12-hour daily work schedule or 72 hours per week, as agreed upon in the employment contract, without providing overtime pay. This policy is based on the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number Kep.102/MEN/VI/2004, which exempts workers with certain responsibilities from receiving overtime wages. However, this raises questions regarding compliance with labor laws, particularly Law Number 6 of 2023. The study aims to analyze whether PT TKB's work-hour implementation aligns with applicable labor regulations and how legal protection is provided to workers under agreements that exceed standard work-hour provisions. The results of this research are expected to provide guidance for relevant stakeholders in ensuring that company policies comply with labor laws while enhancing the welfare and protection of workers' rights.
The Juridical Analysis of Judges' Consideration of Working Age Discrimination based on the 1945 Constitution and Legislation (Study of Constitutional Court Decision Number 35 / PUU-XXII / 2024) Saputri, Audi Febriella Dion; Nailul Author, Ahmad
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 01 (2025): Vol. 1 No. 02 (2025): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATION
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i01.38772

Abstract

The emergence of Decision MK Number 35/PUU-XXII/2024 is a response to a conflict related to discrimination in working age requirements in Indonesia. This conflict stems from the conflict between the company's freedom to determine the conditions for recruiting workers, which is regulated in Article 35 Paragraph (1) of the Manpower Law, and workers' rights, which are regulated in Article 28D Paragraph (2) of the 1945 Constitution. This issue is raised because the age limit applied by companies not only limits access to employment, but also violates the principles of non-discrimination and social justice which have been regulated by Pancasila and the 1945 Constitution. The type of research chosen in this research is normative legal research. This type of normative legal research was chosen for this research because there is a blurring of norms in the judge's consideration and the judge's verdict in Decision MK Number 35/PUU-XXII/2024, namely that there is a conflict with Article 28D Paragraph 2 of the 1945 Constitution. However, unfortunately the verdict stated that the judge rejected the applicant's petition in its entirety. But there is also a dissenting opinion by one of the judges which can be a supporting material. Therefore, this research is expected to provide recommendations on the possibility of further legal remedies, such as a review of Article 35 Paragraph 1 of the Labor Law, to ensure that labor regulations in Indonesia do not conflict with the constitutional rights of citizens. Keywords : Judges Consideration, Discrimination, Working Age Requirement, Dissenting Opinion
A LEGAL PROTECTION OF INDONESIAN NON-PROCEDURAL MIGRANT WORKERS INVOLVED IN ILLEGAL ACTIVITIES OF THE ONLINE SCAMMER IN CAMBODIA Earlyana, Nabila; Aung, Kyi Lei Lei
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 01 (2025): Vol. 1 No. 02 (2025): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATION
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i01.40463

Abstract

The increasing phenomenon of non-procedural Indonesian Migrant Workers (PMI) involved in Illegal activities such as online scamming is an increasingly worrying issue that requires serious attention. Because their departure is unofficial, the legal protection they receive is very limited. However, this does not necessarily eliminate their right to protection. Several international legal bases still provide room for protection, including the active and passive national principle, the principle of good faith of the state towards its citizens, the Articles on State Responsibility issued by the International Law Commission (ILC) in 2001, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 1990. In addition to legal instruments, bilateral settlements between countries are also an important aspect in handling this phenomenon. Without good cooperation and coordination between sending and receiving countries, efforts to eradicate this practice will be difficult to achieve optimally.
The JURIDICIAL PROBLEMS RELATED TO THE REGULATION OF THE DURATION OF PATERNITY LEAVE FOR PRIVATE WORKERS WHEN THE WIFE GIVES BIRTH Selvira, Sisca Riski; Binti Ahmad, Nur Ain Adlin
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 01 (2025): Vol. 1 No. 02 (2025): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATION
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i01.40466

Abstract

Paternity leave for private workers in Indonesia is still regulated in a limited manner in the legislation, which is only 2 to 3 days in duration as stipulated in Law Number 13 of 2003 concerning Manpower and Law Number 4 of 2024 concerning Maternal and Child Welfare. This duration is considered inadequate to provide optimal support to wives who give birth and in childcare. This study aims to analyze the urgency of regulating the duration of paternity leave for private workers and to examine the form of paternity leave arrangements for private workers in Indonesia. This research uses normative juridical methods with statutory, conceptual, historical, and comparative approaches and uses prescriptive analysis techniques. The results show that the limitations of paternity leave have an impact on family welfare, father's involvement in parenting, and the balance between work and family life. Compared to other countries, such as Singapore and Malaysia, which have implemented paternity leave policies with longer durations, Indonesia is still lagging behind in providing protection for male workers' rights to accompany their wives in childbirth. Therefore, labor policy reform is needed to extend the duration of paternity leave for private sector workers to create a better balance between workers' rights and family needs.
A REVIEW OF THE PROTECTION OF INDONESIAN CITIZENS OF INDONESIA WHO ARE EXPOSED TO CASES OF PILGRIMAGE VISA ABUSE IN SAUDI ARABIA Putri Rizkiyah, Salma; Ayad, Nahid
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 01 (2025): Vol. 1 No. 02 (2025): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATION
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i01.40915

Abstract

The high number of unemployed and the lack of available jobs in the country have caused the number ofIndonesian Migrant Workers to increase every year. However, the large number of Indonesian MigrantWorkers still many of them do not fulfill the departure documents as stated in Article 13 of Law No. 18 of 2017 concerning the Protection of Migrant Workers, but in this article there is no explanationregarding sanctions or punishments if these documents are not owned by Indonesian migrant workers.This study discusses legal protection and efforts to repatriate Indonesian citizens who are involved incases of misuse of Pilgrimage Visas in Saudi Arabia. Researchers use normative legal research and astatutory approach, a case approach and a conceptual approach. Indonesian Labor Law has not yetregulated further regarding the legal protection that will be obtained by workers who depart illegally.The government provides a rehabilitation and reintegration program after the repatriation of Indonesian citizens involved in cases of misuse of pilgrimage visas and the government has also made several efforts to prevent similar cases from occurring.
The COMPARISON OF LAWS ON CHILD LABOR INVOLVEMENT IN INDONESIA AND FRANCE AS SUBJECTS IN COMMERCIALIZED DIGITAL CONTENT Aldiansyah, Devid; Ronaboyd, Irfa
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 01 (2025): Vol. 1 No. 02 (2025): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATION
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i01.43295

Abstract

The development of the digital economy has created both opportunities and challenges in protecting children's rights, particularly when children become the main subjects of monetized digital content. This phenomenon has grown rapidly in countries such as Indonesia and France, although their normative responses differ significantly. This study aims to analyze and compare the legal frameworks in Indonesia and France regarding the involvement of child labor in monetized digital content. Using a normative and comparative legal approach, and drawing on functionalism, legal transplant, and legal convergence theories, this research finds that Indonesia still faces normative ambiguity in this area, while France has developed a more specific regulatory framework through Loi n° 2020-1266 and Loi n° 2023-566. The study recommends the formulation of specific regulation in Indonesia that addresses the challenges of the digital economy in relation to child protection, by referring to international best practices. These findings are expected to contribute to national legal reform in the context of labor law and child rights in the digital space.
THE LEGAL PROTECTION OF WORKERS' HEALTH AGAINST SHIFT JUMPING PRACTICES: A COMPARATIVE STUDY OF INDONESIA AND TURKEY Shafa Nadia Dilla Ananda; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.55034

Abstract

This study examines legal protection for the implementation of shift jumping working hours and its impact on workers’ health, using a comparative study between Indonesia and Turkey. It aims to analyze the legal arrangements governing shift work systems in both countries and formulate an ideal legal framework to provide occupational safety and health protection for workers. The method used is normative legal research with statutory, conceptual, and comparative approaches. The legal materials were analyzed prescriptively to answer the research questions. The results show that Indonesia’s shift work regulations are still general in nature and do not specifically regulate the phenomenon of shift jumping, creating a legal vacuum and uncertainty. Meanwhile, Turkey’s regulations are considered more comprehensive because they provide clearer limits on working hours, rest periods, and worker health protection within shift work systems. The comparison indicates that shift jumping can cause work fatigue, disruption of biological rhythms, deterioration of health conditions, and increased risk of workplace accidents. Therefore, Indonesia needs to reform its legal regulations by explicitly governing shift work mechanisms, including shift rotation, rest intervals between shifts, and worker health protection, in order to ensure legal certainty and more optimal protection.
An Analysys of Maternity Leave Rights for Female Workers in Law (Comparative Study of Indonesia-France) Zayyan Rachmadiani; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.55182

Abstract

This research analyzes the protection of maternity leave for female workers through a comparative study between Indonesia and France. This study is motivated by the non-ideal duration of maternity leave for female workers in Indonesia, which is deemed insufficient to fulfill health needs, physical recovery, as well as maternal and child welfare. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The technique for collecting legal materials is conducted through a literature review, which is subsequently analyzed using a prescriptive method. The results indicate a structural gap between Indonesia and France. Indonesia, as a developing country, still applies a maternity leave duration that falls below the minimum standard specified by the ILO Convention No. 183 of 2000. Meanwhile, France, as a welfare state, implements the Code du Travel system with a longer, more flexible maternity leave duration that varies based on the number of children or multiple birth conditions. This comparison demonstrates that the lack of an optimal and ideal maternity leave duration adversely affects the recovery period of working mothers and their children. Therefore, legal reform is required in Indonesia to comprehensively regulate a more ideal duration of maternity leave and optimal health protection for female workers in order to create a safe working environment.
The Analysis of the Working Hours Clause for Live Streamer (Study of the Fixed-Term Employment Agreement of Clinic X) Vadzha Ezra Widyadhana; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.55896

Abstract

The profession of live streamer has grown rapidly along with the advancement of e-commerce technology in Indonesia; however, this growth has not been accompanied by adequate legal certainty, particularly regarding working hours and fine sanctions in Fixed-Term Employment Agreements (PKWT), thereby violating applicable Indonesian laws and regulations. This study aims to analyze the allocation of working hours and the imposition of fines for absenteeism, as well as to examine the legal consequences arising from the conflict between the employment agreement and applicable laws and regulations. The research method used is normative legal research employing a statutory approach and a conceptual approach. Data were obtained from primary legal sources, including relevant laws and regulations and fixed-term employment contracts (PKWT), as well as secondary legal sources such as literature, legal journals, and legal doctrines. The analysis was conducted in a prescriptive manner to assess the compliance of employers’ application of the law with applicable regulations. The results of the study indicate that working hours for streamers may be set in accordance with the law, namely 7 to 8 hours, to ensure the fulfillment of the rights of all parties, provided that this does not exceed the body’s working capacity of 6 to 10 hours per day, with due regard for occupational health, and fines for absenteeism may be imposed on workers proven to have been negligent or absent, with the fine amount not exceeding one day’s wages to ensure the fulfillment of wage rights in accordance with applicable laws and regulations and the principle of fairness. Both clauses cause the Clinic X PKWT to fail to fulfill the objective requirement of a lawful cause as stipulated in Article 52 paragraph (1) letter d of the Manpower Law, resulting in the legal consequence of being null and void under Article 52 paragraph (3) of the Manpower Law, and the employment status of the streamer worker changes into an Indefinite-Term Employment Agreement (PKWTT). Therefore, employers can be more competent in drafting an employment agreement to establish legal certainty within an employment relationship.
A OSH PROTECTION FOR DOMESTIC WORKERS AS INFORMAL WORKERS UNDER LEGISLATION (A COMPARATIVE STUDY OF INDONESIA AND FINLAND) Alya Azmi Putri Eryani; Ahmad Nailul Author
Indonesian Journal of Labour Law and Industrial Relations Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijllir.v2i02.56588

Abstract

Abstract This research examines Occupational Safety and Health (OSH) protection for domestic workers as informal workers through a comparative study between Indonesia and Finland, driven by the high vulnerability to work-related hazards in the domestic sphere that has not been explicitly accommodated by Indonesian national law. Employing a normative juridical research method with statutory, comparative, and conceptual approaches, this study identifies a legal vacuum in Indonesia resulting from the limitations of regulations such as the Minister of Manpower Regulation No. 2 of 2015 and Law No. 1 of 1970, which inherently lean toward the formal-industrial sector. Conversely, Finland has successfully implemented universal-preventive protection through the Occupational Safety and Health Act (738/2002) and the ratification of the ILO Convention No. 189 of 2011 concerning Decent Work for Domestic Workers to realize welfare state principles. Based on human rights and social justice principles, this study highlights the urgency of strengthening legal protection in Indonesia, which must be realized through regulatory reform in the Domestic Workers Protection Act (UU PPRT) by incorporating concrete OSH standards, mandatory written employment contracts, and community-based enforcement mechanisms that adapt the successful model of Finnish law. Keywords : Occupational Safety and Health (OSH), Domestic Workers, Informal Workers, Comparative Law.

Page 2 of 3 | Total Record : 22

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