AL-QISTHAS: JURNAL HUKUM DAN POLITIK

LEGAL PROTECTION FOR CONSTRUCTION WORKERS IN EMPLOYMENT CONTRACTS ACCORDING TO EMPLOYMENT LAW

2025-02-13T02:25:36+07:00

Legal protection for construction workers in employment contracts is an important aspect of employment law in Indonesia. Construction workers often face high risks related to work safety, uncertainty of employment status, and normative rights that have not been fully fulfilled. This study aims to analyze legal protection for construction workers based on Law Number 11 of 2020 concerning Job Creation and its derivative regulations, including Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working Hours, and Rest Time and Termination of Employment. The method used is a normative legal approach by examining laws and regulations, court decisions, and relevant academic literature. The results of the study show that legal protection for construction workers includes guarantees of work safety and health, certainty of employment relationships, the right to decent wages, and social protection. However, challenges still arise in the implementation of regulations, especially in the supervision and compliance of companies with applicable regulations. Therefore, it is necessary to strengthen policies, increase government supervision, and increase legal awareness for workers and employers to ensure optimal protection of construction workers' rights.

Land Acquisition for Development Interest General Based On Ecological Justice Principles

2026-06-13T19:49:42+07:00

Specifically, the basis of this research is the Constitutional Court Decision Number 137/PUU-XXI/2023 regarding the request for a judicial review that the application of Law 2/2002 is contrary to Article 28I of the 1945 Constitution of the Republic of Indonesia. This research emphasizes the importance of applying the principles of ecological justice in every decision and policy making related to the environment, especially in terms of land acquisition by the government for development in the public interest. This doctrinal legal research uses a conceptual approach, statute approach, philosophical approach for practical purposes of solving legal problems, efforts to discover law. The first target is to answer the judge's rationale in deciding case number 137/PUU-XXI/2023 related to land acquisition for development in the public interest. Second, exploring land acquisition for development in the public interest based on the principles of ecological justice. The philosophical level is expected to be able to answer the question of how land acquisition for development in the public interest can be carried out while still considering the principles of ecological justice, namely the principles of justice which according to Baxter is interpreted as justice between humans and all of nature.

CONFLICT OF AUTHORITY BETWEEN THE PRESIDENT AND THE DPR IN THE CONSTITUTIONAL CHECKS AND BALANCES MECHANISM

2026-06-15T13:19:26+07:00

This study explores the power dynamics between the President and the DPR in Indonesia's presidential framework, highlighting the challenges in applying the mutual oversight principle, which is often disrupted by political rivalries. Key issues include differing views on the Constitution and tensions in the lawmaking process and oversight roles. Its primary goal is to investigate the legal foundations, types of conflicts, control mechanisms, and their impacts through the case of the 2019 KPK Law revision. The method employed involves normative legal research, with a detailed analysis of constitutional documents, such as the 1945 Constitution and related rules. Findings indicate that, although the mutual oversight principle is well-regulated, its effectiveness is limited by the influence of political parties and uneven negotiations, which can lead to excessive power dominance. The main recommendation stresses the need for reforms in political culture to enhance state accountability.