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Arinto Nugroho
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arintonugroho@unesa.ac.id
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labour@unesa.ac.id
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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
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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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A Analysis of Workers' Right to Disconnect Outside Working Hours in Relation to Workers' Mental Health: A Comparative Study of Indonesia and France Dhea Febryana; Arinto Nugroho; Frank Abarra Padlan
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.v2i02.56877

Abstract

The purpose of this study is to analyze the regulation of the right to disconnect in France as an instrument for protecting workers' mental health and to identify the urgency of its regulation for workers in Indonesia. This study uses a normative legal method with statutory, comparative, and conceptual approaches through the examination of primary, secondary, and tertiary legal materials related to labor law, occupational safety and health, and the protection of workers' rights in the digital era. The findings show that France has explicitly regulated the right to disconnect in the Code du Travail as a form of protection for workers' rest time, private life, and mental health. Meanwhile, Indonesia does not yet have an explicit regulation that recognizes workers' right to refuse work or communication outside working hours, so protection against psychosocial risks such as stress, work exhaustion, and burnout has not been fully guaranteed. The recommendation from this study is the need to establish a specific regulation on the right to disconnect in Indonesia as part of labor law reform, while maintaining a balanced consideration of both workers' and employers' interests.
THE LEGAL ANALYSIS OF CONSTITUTIONAL COURT DECISION 168/PUU-XXI/2023 SECTORAL MINIMUM WAGES ACCORDANCE TO FAIR WAGES Caesarrani Ariningdyah; Nur Ain Adlin Binti Ahmad; 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.v2i02.57144

Abstract

The abolition of the Regency/Municipality Sectoral Minimum Wage (UMSK) under Law Number 6 of 2023 and Government Regulation Number 36 of 2021 created legal uncertainty by eliminating one of the legal instruments protecting workers within Indonesia's wage system. This issue was subsequently subjected to constitutional review, resulting in Constitutional Court Decision Number 168/PUU-XXI/2023, which restored the legal basis for UMSK. This study aims to analyze the Constitutional Court's ratio decidendi in deciding the constitutionality of UMSK regulations, examine the juridical implications of the decision for Indonesia's wage system, and formulate a reconstruction of Article 88C of Law Number 6 of 2023 as ius constituendum. This research employs a normative legal research method using statutory, conceptual, and case approaches. Legal materials were collected through library research and analyzed using a prescriptive method. The findings indicate that the Constitutional Court applied grammatical, systematic, teleological, and historical interpretation to reaffirm the State's obligation to guarantee workers' constitutional right to fair and decent wages through the reinstatement of UMSK. The decision was subsequently implemented through Government Regulation Number 49 of 2025, which regulates sectoral wage determination based on the Indonesian Standard Industrial Classification (KBLI), occupational characteristics and risks, and business scale. Nevertheless, this study finds that Article 88C still requires normative refinement to ensure legal certainty and regulatory harmonization. Accordingly, this research proposes a reconstruction of Article 88C that explicitly recognizes UMSK and its legal criteria, thereby strengthening legal protection for workers while ensuring legal certainty for employers. This reconstruction is expected to serve as a normative foundation for a more equitable, responsive, and sustainable wage policy

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All Issue Vol. 2 No. 01 (2025): Vol. 1 No. 02 (2025): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATION Vol. 2 No. 02 (2025): Indonesian Journal of Labour Law and Industrial Relations Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF LABOUR LAW AND INDUSTRIAL RELATIONS