ISNU Nine-Star Multidisciplinary Journal
ISNU Nine-Star Multidisciplinary Journal (INS9MJ) is an academic journal focusing on the field of law with the main objective of disseminating research results and scientific thinking in various branches of legal science. Published by the Nahdlatul Ulama Scholars Association (ISNU) of North Sumatra, this journal serves as an intellectual forum for developing legal studies that are responsive to national and global dynamics. The scope of publication includes: criminal law, civil law, constitutional law, administrative law, international law, economic and business law, family law, and Islamic law studies. In addition, this journal also provides space for interdisciplinary research closely related to the field of law, including social, political, economic, and cultural studies that contribute to the development of legal theory and practice. Journal Title : ISNU Nine-Star Multidisciplinary Journal Initials : INS9MJ Frequency : Mei, September, Desember E-ISSN : 3063-8984 Chief Editor : Dr. Indra Utama Tj, SH., MH. DOI Prefix : 10. 70826 Publisher : ISNU Sumatera Utara Accreditation : Garuda; Google scholar INDEXED :
Reconstruction of Maqashid al-Shariah Thought in Islamic Intellectual History and Its Relevance to the Development of Contemporary Islamic Law
The development of modern society presents a variety of increasingly complex legal issues that are often not explicitly discussed in classical Islamic jurisprudence literature. This condition creates the need for a methodological approach capable of bridging the gap between normative Islamic texts and the ever-evolving social dynamics. In this context, the concept of maqasid al-shari'ah becomes an important approach in the development of Islamic legal ijtihad oriented towards the benefit of Allah. This study aims to analyze the development of maqasid al-shari'ah thought in Islamic intellectual history and examine its relevance in the development of contemporary Islamic law. This study uses a qualitative approach with library research methods and historical analysis of the development of the maqasid concept in classical and modern literature. The research data were obtained through a review of the works of ulama usul fiqh as well as the thoughts of contemporary scholars who discuss maqasid theory and its application in Islamic legal methodology. The results show that the concept of maqasid al-shari'ah has undergone significant development in the history of Islamic thought, starting from its initial formulation regarding the benefit in the classical usul fiqh tradition to its broader reinterpretation in modern Islamic thought. These developments demonstrate that maqasid functions not only as a theoretical concept in Islamic legal studies but also as a methodological paradigm that allows Islamic law to adapt to social change without abandoning the fundamental principles of sharia. This study concludes that the maqasid approach has strong relevance in addressing various modern legal problems because it provides a more substantive and contextual interpretative framework. Therefore, the development of maqasid studies needs to continue through an interdisciplinary approach to strengthen the ijtihad methodology and enhance the contribution of Islamic law in addressing legal challenges in the modern era.
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The History of the Struggle between Rationalism and Traditionalism in Islamic Thought: A Study of the Dialectic of the Mu'tazilah and Ahl al-Sunnah
The history of Islamic thought demonstrates an intellectual dynamic characterized by debates between rationalism and traditionalism in understanding religious teachings. One of the most significant forms of this struggle is the dialectic between the Mu'tazilah, who emphasized the role of reason in interpreting revelation, and the Ahl al-Sunnah, who placed the authority of the revealed text as the primary foundation of Islamic theology. This study aims to analyze the historical background of the emergence of Mu'tazilah rationalism, its theological principles, and the Sunni theological responses formulated by Abu al-Hasan al-Ash'ari and Abu Mansur al-Maturidi in the context of the development of Islamic thought. This study uses a qualitative method with a historical approach and analysis of the thoughts of figures through a bibliography of classical and modern literature in the field of Islamic theology. The results show that the emergence of the Mu'tazilah was not only influenced by internal theological debates among Muslims, but also by political dynamics and intellectual developments during the Abbasid period that opened up space for interaction with philosophical traditions. The principles of Mu'tazilite rationalism formulated in al-Uṣūl al-Khamsah emphasize the importance of reason in understanding God's oneness and justice, while the Ahl al-Sunnah response seeks to balance rationality with the authority of revelation through a more moderate theological formulation. The dialectic between these two schools of thought ultimately made a significant contribution to the development of theology and the formation of the Islamic intellectual tradition. Therefore, a study of this intellectual struggle can serve as a reflective foundation for understanding the relationship between revelation and rationality in the development of Islamic thought, while also opening up a space for dialogue for the development of Islamic theological studies in the contemporary era.
The Dynamics of Islamic Legal Epistemology: The Transformation of the Ijtihad Method from the Classical to the Contemporary Era
This research is based on the dynamics of the development of Islamic legal thought, which shows that the ijtihad method has continuously changed along with the social and intellectual development of Muslims. Since the early days of Islam, law has been understood not only as a textual norm but also as the result of a reasoning process aimed at safeguarding human welfare. Therefore, understanding the history of Islamic legal epistemology is crucial to see how the ijtihad method has evolved from the classical to the contemporary era in response to the challenges of the times. This research aims to analyze the transformation of Islamic legal epistemology and examine the development of the ijtihad method from the classical period, the medieval period, to the modern era. This research uses a qualitative approach with library research methods. Data were obtained from classical books on ushul fiqh, works of Islamic legal thinkers, and contemporary academic literature discussing the epistemology of Islamic law. The analysis is conducted using historical and conceptual approaches to trace the development of ijtihad methodology and the paradigm shift in Islamic legal thought. The results show that during the classical period, the foundations of Islamic legal epistemology were formed through the systematization of ushul fiqh formulated by scholars, particularly Imam al-Syafi'i. During the medieval period, the development of legal thought experienced a phase of school of thought consolidation, marked by the strengthening of the practice of taqlid (religious taqlid) and the emergence of debates regarding the closure of the door to ijtihad. Meanwhile, in the modern era, various attempts to reconstruct the ijtihad method emerged through the maqasid al-shariah approach, legal contextualization, and the thoughts of figures such as Fazlur Rahman and Yusuf al-Qaradawi. This research concludes that Islamic legal epistemology is dynamic and adaptive to changing times. Therefore, the development of contemporary Islamic law needs to integrate a textual approach, maqasid al-shariah, and an understanding of social reality to ensure ijtihad remains relevant in addressing the issues of modern society.
The Relevance of the Concept of Hirabah to Organized Crime and Modern Terrorism
This study examines the relevance of the concept of hirābah in Islamic criminal law to contemporary organized crime and terrorism. Historically, hirābah addresses acts of open violence that threaten public security, instill fear, and disrupt social order, with sanctions aimed at protecting life, property, and communal stability. Using a normative legal research method with a qualitative approach, the study analyzes classical fiqh texts, contemporary scholarship, and comparative legal frameworks to explore the elements, characteristics, and objectives of hirābah. The findings reveal substantial conceptual alignment between classical hirābah and modern forms of collective violence, as both involve deliberate acts that destabilize society and generate widespread fear. However, contemporary crimes exhibit complex ideological, transnational, and technological dimensions requiring normative adaptation. The study concludes that while hirābah provides a valuable legal and sociological framework, its application to modern criminality necessitates contextual reconstruction, integrating Islamic jurisprudence with national and international legal systems for effective prevention, deterrence, and public security.
Local Government Responsibility in Ensuring the Functional Feasibility of Provincial Roads: An Administrative Law and Siyasah Dusturiyah Perspective
Roadworthiness of provincial roads is a fundamental aspect in ensuring traffic safety and protecting the public interest. Roads that do not meet roadworthiness standards have the potential to cause accidents, material losses, and reflect weak accountability on the part of government authorities. This study aims to analyze the accountability of local governments in fulfilling the roadworthiness requirements of provincial roads from the perspectives of administrative law and siyasah dusturiyah. This research employs a normative legal research method with juridical and conceptual approaches. The research stages involve examining statutory regulations related to road administration, analyzing doctrines of administrative law, and reviewing the thoughts of classical and contemporary Islamic scholars within the framework of maqāṣid al-sharī‘ah. The analysis is conducted qualitatively by assessing the consistency between legal norms and the actual practices of road administration, as reflected in previous studies. The findings indicate that there remains a gap between the normative provisions governing roadworthiness and their implementation at the local government level. From the perspective of administrative law, this condition reflects the weak application of the principles of legality and accountability in public service delivery. Meanwhile, from the perspective of siyasah dusturiyah, negligence in fulfilling roadworthiness requirements constitutes a breach of leadership trust (amanah) and contradicts the principles of protecting life (ḥifẓ al-nafs) and property (ḥifẓ al-māl). This study emphasizes that ensuring roadworthiness is not merely an administrative obligation, but also an ethical and shar‘i duty in realizing public welfare.
The Concept of Bughat as a Political Crime in Islam
This paper examines the concept of bughat as a form of political crime within Islamic law and its relevance to contemporary governance. The study is motivated by the enduring concern of Islamic jurisprudence for political stability, public security, and communal unity, particularly in responding to acts of rebellion against legitimate authority. Employing a normative legal research method, the study analyzes classical fiqh literature, Qur’anic verses, Prophetic traditions, and contemporary Islamic legal scholarship. The research stages include doctrinal analysis, contextual interpretation, and comparison between classical and modern perspectives. The findings demonstrate that bughat is not limited to armed rebellion but encompasses organized actions aimed at undermining legitimate authority and social order. The discussion highlights the legal, social, and political implications of bughat, emphasizing proportional enforcement, restorative justice, and the protection of public welfare (maṣlaḥah). Ultimately, the study concludes that the concept of bughat remains relevant as an ethical–juridical framework for maintaining political stability, preventing radicalism, and supporting just and democratic governance in modern contexts.
Islamic Law and Positive Law Protection for Victims of False Accusations of Adultery in the Modern Era
This study employs a normative qualitative method with an analysis of classical and contemporary literature. The paper examines accusations of zina and legal protection for victims in the digital era. The background of the study is rooted in the complexity of the dissemination of zina allegations through social media and digital communication platforms, which have serious implications for individual honor, social reputation, and moral integrity. From the perspective of Islamic jurisprudence, unsubstantiated allegations are categorized as qadhf, requiring stringent evidentiary standards, including the testimony of four morally upright male witnesses or a voluntary confession, with violations attracting multidimensional sanctions such as corporal punishment, social discredit, and spiritual accountability. Indonesian positive law provides protection through the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), allowing victims to pursue criminal liability, compensation, and reputational rehabilitation. The results indicate that effective legal protection requires a multi-layered approach integrating law enforcement, technological interventions, and public education to restore victims’ social credibility and enhance deterrence against false accusations.
Zina in the Digital Era: New Challenges for the Enforcement of Islamic Criminal Law
This paper examines the transformation of zina in the digital era and its implications for the enforcement of Islamic criminal law. The background of the study is rooted in the emergence of technology-mediated sexual practices such as sexting, cybersex, and the online dissemination of intimate content that challenge the classical fiqh conception of zina as a physical act subject to strict ḥudūd evidentiary standards. Using a qualitative normative-empirical research method, the study analyzes classical fiqh sources, contemporary legal literature, and documented digital practices. The research stages include problem identification, literature review, data collection on digital behaviors, analysis through maqāṣid al-sharīʿah and ijtihād frameworks, and synthesis of findings. The results show a significant juridical gap between traditional evidentiary mechanisms and digitally mediated sexual misconduct, compounded by issues of digital evidence reliability, jurisdiction, and privacy protection. The discussion highlights both the enduring relevance and structural limitations of classical evidentiary paradigms, underscoring the need for adaptive, multidimensional legal approaches within Islamic criminal law.
The Prosecutor's Pre-Prosecution And Prosecution In Accordance With The Criminal Procedure Code
This article examines the legal construction and practical implementation of the prosecutor’s authority in pre-prosecution and prosecution under the Indonesian Criminal Procedure Code (KUHAP). The study departs from the normative ideal of an integrated criminal justice system that positions the prosecutor as dominus litis, responsible for controlling the flow of criminal cases from investigation to adjudication. Using a normative juridical method with a statute-based and conceptual approach, this research critically analyses the regulatory framework governing pre-prosecution and prosecution, as well as its application in practice. The findings indicate that although KUHAP formally grants prosecutors a strategic role in ensuring the completeness of case files and the legality of prosecutions, the existing regulatory design, particularly under the old KUHAP, tends to produce procedural formalism, weak coordination between investigators and prosecutors, and limited mechanisms of accountability. The article further argues that recent reforms introduced in the new KUHAP reflect a paradigm shift towards strengthening judicial control and due process safeguards, especially through the reconfiguration of pretrial mechanisms. However, these normative improvements still face structural and institutional challenges that may hinder their effectiveness. This study contributes to the development of criminal procedural law by highlighting the normative–practical gap in prosecutorial functions and offering a critical foundation for evaluating prosecutorial reform in Indonesia’s evolving criminal justice system.
Legal Protection for Consumers in Online Sales and Purchase Agreements from the Perspective of Commercial Law
The rapid development of information technology has fundamentally transformed commercial activities, particularly through the growth of online buying and selling transactions conducted via digital platforms. These transactions are legally based on agreements between business actors and consumers, thereby creating civil law relationships governed by commercial and contract law principles. However, in practice, online transactions frequently give rise to legal problems, including breach of contract, non-conformity of goods or services, misinformation, and various forms of consumer loss. These issues highlight the need for effective legal protection mechanisms to balance the unequal positions of consumers and business actors in the digital marketplace. This study aims to analyze the forms and effectiveness of consumer legal protection in online buying and selling agreements from a commercial law perspective. The research employs a normative legal research method using statutory and conceptual approaches, focusing on relevant commercial law principles, consumer protection regulations, and electronic transaction laws. The analysis examines the extent to which existing legal frameworks provide preventive and repressive protection for consumers, particularly in relation to contractual rights, obligations, and dispute resolution mechanisms. The findings indicate that commercial law and related regulations have established a normative foundation for consumer protection in online transactions. Nevertheless, significant challenges remain in their practical implementation, particularly regarding law enforcement effectiveness, regulatory supervision, and the level of public legal awareness. Strengthening institutional enforcement and improving consumer legal literacy are therefore essential to ensure effective consumer protection in the digital trading environment.
The Impact of the RI-AS Trade Agreement on the Protection of Personal Data in Indonesia's Digital Trade
Cross-border digital trade has become an essential part of the modern global trading system. These developments prompted countries to establish trade agreements that not only govern the exchange of goods and services, but also include arrangements related to data and information. The trade agreement between the Republic of Indonesia and the United States is a form of cooperation that has direct implications for digital trade practices in Indonesia. This study aims to examine the impact of the Indonesia-US trade agreement on the protection of personal data in digital trade in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the Indonesia-US trade agreement has the potential to encourage the growth of digital trade, but at the same time poses challenges in ensuring personal data protection and legal certainty for consumers. Therefore, efforts are needed to harmonize international trade agreement commitments and national laws so that digital trade can flourish without overriding the protection of citizens' privacy rights.
The Challenges of Copyright Protection in the Digital Age: Between Innovation and Piracy
The development of digital technology has brought significant changes in the pattern of creation, distribution, and consumption of copyrights. On the one hand, the digital era encourages innovation and ease of access to intellectual works, but on the other hand it also increases the practice of copyright infringement such as digital piracy. This condition poses a serious challenge to the copyright law protection system, especially in maintaining a balance between the protection of the interests of creators and the public interest. This research aims to analyze the challenges of copyright protection in the digital era and examine legal remedies that can be taken in dealing with piracy practices. The research method used is normative juridical research with a legislative approach and a conceptual approach, through the study of laws and regulations related to copyright and relevant legal literature. The research stages include the collection of primary and secondary legal materials, normative analysis, and deductive conclusions. The results of the study show that weak law enforcement, low public legal awareness, and faster technological developments than regulations are the main factors for the rise of digital piracy. Therefore, it is necessary to strengthen regulations, increase public legal literacy, and synergy between the government, creative industry players, and digital platforms to create an effective and fair copyright protection system in the digital era.
Legal Liability Of Arbitrators And Arbitral Institutions In The Annulment Of An Arbitral Award
The annulment of an arbitration award in Indonesia is an exceptional legal mechanism and is strictly regulated in Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Law). Although the arbitral award is final and binding, cancellation can be made if a false document, a concealed decisive document, or a judgment born of deception is found. The submission mechanism is carried out in writing to the District Court within a period of 30 days from the registration of the decision, with supporting evidence. Arbitrators and arbitrators acquire legal immunity, but liability may arise in the event of a serious breach of the integrity of the process. This study discusses the legal basis of annulment, the form of accountability of arbitrators and arbitration institutions, the filing mechanism, and the legal consequences of annulment of an award, to provide a comprehensive understanding of legal protection and legal certainty in arbitration.
The Relationship between Working Hours Flexibility and Employee Performance in Flexible and Remote Working Systems in Indonesia
The development of flexible work systems and remote working encourages changes in employee work patterns in various organizations, including in the regulation of working hours. Flexibility in working hours is seen as one of the policies that has the potential to affect employee performance in the face of increasingly dynamic work demands. This study aims to examine the effect of flexible working hours on employee performance on the implementation of flexible and remote working systems in Indonesia. The research method used is a descriptive qualitative approach with a literature study method. The research data is in the form of secondary data obtained from national journal articles accessed through Google Scholar and analyzed using content analysis. The results of the study show that flexible working hours tend to have a positive influence on employee performance, especially through increased work focus, more effective time management, and reduced work stress levels. However, this influence is highly dependent on the management of organizational policies, including clarity of work rules, discipline, and supervision systems. Therefore, the implementation of flexible working hours needs to be designed in a structured manner to support the optimal improvement of employee performance.
Unilateral termination of employment by the company Reviewed from the Principle of Job Protection
Unilateral termination of employment (PHK) by companies is a crucial problem in industrial relations because it has the potential to cause injustice and violations of workers' rights. The practice of unilateral layoffs is often carried out without going through the procedures set by laws and regulations, thus contradicting the principle of protecting workers as parties who are structurally in a weak position. This study aims to analyze the practice of unilateral layoffs by companies from the principles of worker protection and the labor law framework in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, through analysis of the Manpower Law, the Job Creation Law, and related implementing regulations. The results of the study show that the principle of worker protection emphasizes the guarantee of job security, fair treatment, and legal protection of workers' normative rights, including the right to severance pay and dispute resolution mechanisms. Unilateral layoffs that are carried out without a valid reason and without proper legal procedures are a form of violation of this principle. Therefore, consistent law enforcement and strengthening the role of labor supervision are needed to prevent unilateral layoffs and ensure effective protection of workers' rights.
Analysis of the Effectiveness of Labor Supervision in Enforcing the Minimum Wage in Indonesia
This study aims to analyze the level of success in the implementation of the labor supervision function in ensuring compliance with the minimum wage provisions in Indonesia. The minimum wage is a basic right of workers that is guaranteed by law, but its implementation in the field still often encounters obstacles. Through a normative juridical research approach, this study examines related laws and regulations, such as Law Number 13 of 2003 concerning Manpower and Government Regulation Number 78 of 2015 concerning Wages, as well as evaluating various previous reports and studies. The results of the analysis show that the effectiveness of labor supervision has not been optimal. The main inhibiting factors include the limited number of supervisory personnel, inadequate budget and infrastructure, and the lack of strict sanctions against violators. Comprehensive efforts are needed, both in terms of strengthening regulations, building institutional capacity, and consistent law enforcement, to increase the effectiveness of supervision in order to guarantee workers' rights to a real minimum wage.
Protection of Industrial Design Rights against the Imitation of Local Fashion Products
The rise of design imitation in local fashion products causes losses for creative industry players, especially industrial design rights holders. Industrial design as part of Intellectual Property Rights has an important role in protecting the aesthetic value and innovation of a product. This study aims to analyze the regulation and legal protection of industrial design rights for local fashion products imitated based on Law Number 31 of 2000 concerning Industrial Design. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that Law Number 31 of 2000 has provided legal protection to industrial design rights holders through the granting of exclusive rights, both preventively and repressively. However, in practice, the legal protection still faces various obstacles, such as low awareness of business actors in registering industrial designs and weak law enforcement. Therefore, efforts to increase legal awareness and law enforcement are needed more effectively to protect local fashion products from imitation of designs.
Reorientation of Criminal Sanctions in the New Criminal Code: Harmonization of the Doctrine of Qishash Fiqh Jinayah with the Paradigm of Restorative Justice
The enactment of Law Number 1 of 2023 on the Criminal Code marks a paradigm shift in Indonesian criminal law from a colonial retributive model toward corrective and restorative justice. This study examines the relevance of the doctrine of Qishash within Fiqh Jinayah as a philosophical and practical foundation for the implementation of restorative justice in Indonesia. Using a normative-juridical method with conceptual and comparative approaches, the study analyzes the mechanisms of al-'afw (forgiveness) and diyat (compensation) in homicide cases, which position victims as the primary rights-holders in dispute resolution. The findings indicate that the regulation of conditional capital punishment under Article 100 of Law No. 1 of 2023 substantially aligns with the Islamic principle of suspending execution to allow islah (reconciliation). Furthermore, classical juristic debates on the imposition of ta'zir after forgiveness provide a theoretical basis for maintaining public order. The study concludes that Qishash represents a comprehensive system for the protection of life and, if integrated prudently, can strengthen the development of a just and humane national criminal law system.
Juridical Analysis of Insurance Agreements According to Civil Code and Insurance Law
Insurance agreements are a form of agreement that has special characteristics because it involves elements of risk transfer between the insurer and the insured. This research aims to analyze juridically insurance agreements according to the Civil Code (KUH-Percivil) and Law Number 40 of 2014 concerning Insurance. The research method used is normative legal research with a statutory approach and a conceptual approach. The data used are sourced from primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that insurance agreements according to the Civil Code are subject to the general provisions of the agreement as stipulated in Article 1320 of the Civil Code, as well as special provisions in the Commercial Law Code (KUHD). Meanwhile, the Insurance Law provides more comprehensive arrangements related to legal protection for parties, the principle of prudence, and supervision of insurance companies. Thus, insurance agreements must not only meet the legal requirements of the agreement according to the Civil Code, but also must comply with special provisions in the Insurance Law to ensure legal certainty and protection for the insured.
Gender Discrimination in Indonesian Labor Law: A Juridical Analysis of the Job Creation Law
The enactment of Law Number 11 of 2020 concerning Job Creation has important implications for the labor protection system in Indonesia, including in efforts to realize gender equality in the work environment. Normatively, the principle of equal rights and prohibition of discrimination is still recognized in the framework of national labor law. However, the changes in regulations introduced through the Job Creation Law raise a number of problems related to the protection of women workers. This study aims to examine the regulation of gender equality in Indonesian labor law after the enactment of the Job Creation Law, identify provisions that have the potential to give rise to gender discrimination, and assess the effectiveness of these laws in preventing injustice against women workers, especially in the aspects of wages, promotions, and working conditions. The research method used is normative juridical with a regulatory approach and a conceptual approach. The results of the study show that although the Job Creation Law does not expressly contain discriminatory norms, some regulations related to labor relations flexibility and the wage system have the potential to have a greater impact on women workers. In addition, weak supervision and law enforcement cause the effectiveness of this law in preventing gender discrimination to be suboptimal. Therefore, it is necessary to strengthen implementing regulations and employment policies that are oriented towards gender justice.
Simple Patents as an Instrument for the Protection of MSME Innovation in Indonesia
Micro, Small, and Medium Enterprises (MSMEs) are strategic sectors in the national economy that play an important role in job creation and strengthening the people's economy. In practice, MSMEs often produce various simple technological innovations that are born from practical needs in the field, such as modification of production tools, improvement of work methods, and development of functional products. However, these innovations often do not receive adequate legal protection, making them vulnerable to copying and exploitation by others. Simple patents are present as one of the intellectual property rights instruments designed to provide legal protection for inventions that are simple, applicable, and have direct use value. This research aims to analyze the position of simple patents in the Indonesian patent law system and examine its role as an instrument for protecting MSME innovation. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that normatively simple patents have provided easy access to legal protection for MSMEs, both in terms of procedures and costs, but in practice their use is still not optimal. The main obstacles include low legal literacy of intellectual property rights, limited technical assistance, and the lack of integration of simple patents in MSME empowerment policies. Therefore, optimizing the role of simple patents requires strengthening policies, increasing socialization, and synergy between stakeholders so that the protection of MSME innovation can be realized effectively and sustainably.
Employment Agreements as the Basis of Industrial Relations and the Independence of Ad Hoc Judges in Resolving Industrial Relations Disputes
In the industrial relations system, the employment agreement serves as the main basis for establishing a legal relationship between the employer and the employee. In addition to defining the rights and responsibilities of the parties, an employment agreement is an important tool for resolving and resolving problems in the employment relationship. However, open bargaining positions between employers and employees often result in disputes that ultimately require legal action. An objective and independent industrial relations tribunal with ad hoc judges who are experts in the field of employment is needed to resolve these issues. In addition to examining the independence of ad hoc judges in the process of resolving industrial relations failures, this study seeks to investigate the position of employment agreements as the basis of industrial relations. Normative juridical research with regulatory and contextual approaches is the methodology used. The findings suggest that while the independence of ad hoc judges is critical to ensuring impartial and fair adjudications, clearly structured and fair employment agreements can reduce irregularities. Therefore, in order to provide legal certainty and justice in industrial relations, employment agreements must be strengthened and the independence of ad hoc courts must be upheld.
The Protection of Indonesian Adolescent Employment Rights in Cambodia Reviewed from Indonesian Labor Law
The protection of the employment rights of Indonesian adolescents working abroad, especially in Cambodia, is a legal issue that needs serious attention. In practice, not a few Indonesian teenagers working in Cambodia experience violations of labor rights, such as unfair wages, excessive working hours, and working conditions that are not in accordance with humanitarian standards. This study aims to examine the protection of Indonesian adolescent employment rights in Cambodia based on the provisions of Indonesian labor law. This research uses normative legal research methods with a legislative approach and a conceptual approach. The results of the study show that laws and regulations in Indonesia, especially Law Number 13 of 2003 concerning Manpower and Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, have provided an adequate legal basis related to the protection of the rights of workers, including adolescents. However, the implementation of this protection is still not optimal due to weak supervision, lack of coordination between agencies, and low legal understanding of workers. Therefore, it is necessary to increase supervision, strengthen cooperation between countries, and play an active role of the government in ensuring the protection of the employment rights of Indonesian adolescents abroad.
Formulative Policy on the Regulation of Abortion Crimes in the National Criminal Code: Normative Analysis and Its Implications for the Penal System in Indonesia
The regulation of the crime of abortion in the National Criminal Code (KUHP) is part of a formulative policy of criminal law that aims to balance the protection of the right to fetal life, the interests of women's reproductive health, and moral and social values living in Indonesian society. This study aims to analyze the formulative policy of regulating the crime of abortion in the National Criminal Code and its implications for the penal system in Indonesia. The research method used is normative legal research with a statutory approach, a conceptual approach, and a comparative approach. The results of the study show that the National Criminal Code reformulates the abortion offense with a more systematic and progressive regulation, especially through the recognition of certain exceptions based on medical and emergency reasons, in line with the principles of health protection and human rights. However, the policy still maintains the criminal character as the ultimate remedium through proportionate criminal threats. The implications of this regulation on the penal system can be seen in the shift in orientation from a purely repressive approach to a more humanistic and just approach, by providing space for consideration of the perpetrator's subjective condition and the purpose of correctional punishment. Therefore, this formulative policy is expected to be able to create a balance between legal certainty, justice, and usefulness in criminal law enforcement in Indonesia.