This study examines legal uncertainty concerning the protection of workers’ rights upon reaching retirement age within Indonesia’s labor law regime. The research is motivated by inconsistencies in regulatory norms, ambiguities in legal provisions, and disparities in judicial interpretations regarding retirement entitlements. Employing a normative–empirical methodology, the study analyzes statutory regulations, court decisions, and empirical data obtained from interviews with stakeholders, including labor authorities, employers, and workers. The findings reveal that legal uncertainty primarily stems from incomplete regulatory formulations in Government Regulation No. 35 of 2021, particularly regarding procedures for retirement-related termination, calculation mechanisms for retirement benefits, and the legal status of pension fund contributions. Moreover, the regulation disproportionately positions employers as the dominant party in retirement decisions, thereby generating procedural injustice and weakening workers’ bargaining power. Judicial practices further demonstrate interpretative variations that contribute to inconsistent legal outcomes. The study argues that legal reconstruction is necessary to ensure certainty, fairness, and balance in retirement-related employment termination. It proposes strengthening normative clarity, recognizing workers’ rights to initiate retirement, and enhancing tripartite synergy among government, employers, and labor unions. The research contributes to the discourse on labor protection by advancing a justice-oriented framework aligned with the principles of the Pancasila Welfare State.

Introduction: This article analyzes the normative contestation between severance pay and employment social security benefits within Indonesian labour law following recent legislative reforms. The blurring distinction between employer-based severance obligations and contributory social security schemes has generated legal uncertainty, inconsistent judicial decisions, and potential erosion of worker protection principles in termination of employment cases.Purposes of the Research: The purpose of this research is to examine whether employment social security benefits, particularly Old-Age Security Benefits and Pension Security Benefits, may be lawfully interpreted as substitutes for or deductions from severance pay. The study aims to clarify doctrinal boundaries and reaffirm the protective function of labour law grounded in justice and employer responsibility.Methods of the Research: This research employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include labour legislation, constitutional provisions, and industrial relations court decisions, supported by scholarly literature. Legal interpretation and systematic analysis are applied to identify normative inconsistencies and formulate prescriptive legal conclusions.Findings of the Research: The findings reveal a fundamental normative misreading that conflates severance pay with employment social security benefits. This research offers originality by demonstrating that such substitution reallocates termination risk to workers, undermines legal certainty, and weakens labour protection. It proposes reaffirming severance pay as an independent, mandatory labour right.

BackgroundMultiple sclerosis (MS) is a prevalent, frequently progressive condition of the central nervous system that can significantly affect employment and career participation. Although researchers have extensively catalogued the factors that people with MS face in maintaining employment, the priorities of people working with MS in terms of career resources and information needs have not been extensively evaluated.ObjectiveWe sought (a) to identify the types of career information and resources that employed or recently-employed people with MS prioritize, and (b) to assess the extent to which the need for these career resources may vary among identifiable subgroups.MethodDescriptive statistics and latent profile analysis (LPA) were applied to the responses of 376 iConquerMS members who were either employed (n = 279) or had been employed in the past 5 years (n = 97). Participants completed a web-based survey delivered through the iConquerMS web-based platform.Resultsamong seven career resource/information topics, the participants prioritized resources on the work and physical health relationship, employment rights and benefits, the work environment and employment communication, and mental health. The LPA failed to identify meaningful subgroups based on the types of career information and resources.ConclusionThis study provides important information on the career resource needs and priorities of individuals with MS. It contributes to the goal of providing timely and personally relevant information to ensure that working people with MS can make informed decisions about their employment and career future, maintain work when desired, and avoid premature employment termination or discontinuation.

Klinik Pratama Alwid Baroqah is one of the health clinics located in Bengkulu City. Until now, the evaluation of medical staff performance has not been systematic, making it difficult for the management of Klinik Pratama Alwid Baroqah to make appropriate decisions regarding recommendations for contract extensions, termination of employment, or employment relationships. The Decision Support System for Evaluating the Performance of Medical Staff at Klinik Pratama Alwid Baroqah using Vikor Method can serve as an alternative in decision-making for evaluating the performance of medical staff at the clinic and can assist in providing performance evaluations of medical staff at the clinic, thereby making the evaluation process more structured and systematic. This Decision Support System was developed using Visual Basic Net programming language with SQL Server database. From the test data used, involving 10 medical staff during the evaluation period from July to December 2023, the results showed that with a Vikor index value range of 0.000–0.750, 8 medical staff had their employment contracts extended, while with a Vikor index value range of 0.917–1.000, 2 medical staff did not have their employment contracts extended. Based on the system testing conducted, it can be concluded that the decision support system application for evaluating the performance of medical staff at the Klinik Pratama Alwid Baroqah has been functioning well and successfully implemented Vikor method on the performance evaluation data of medical staff according to the evaluation period and year, and displayed recommendation results for decision-making regarding each medical staff member.

The highest court has accepted the validity of terminating an employment relationship by means of a mutual agreement between an employer and an employee. These agreements are known as mutual or voluntary separation agreements or mutual termination agreements (MSAs). This type of termination of employment neither constitutes a dismissal, nor is it a resignation. Termination of employment by way of MSAs has several potential benefits, including that it decreases the number of referrals of labour disputes, and it is possible that the employment relationship can be terminated amicably on terms that are agreeable to both the employer and employee and in a manner that maintains and protects the reputations of both parties. However, signing an MSA means that the employee waives certain rights: the right to receive unemployment benefits, and the right to refer a labour dispute in terms of the employment contract for resolution. Employees may also be forced or coerced into agreeing to terms and conditions that they would not otherwise agree to, or be misled into signing an MSA, as is evidenced by the cases referred to the courts. It is also possible for employers to abuse MSAs. They can, in instances where the labour legislation sets prescriptions that must be followed, attempt to bypass the prescribed procedures. Although MSAs have been recognised by South African courts, there is no clear legislation or Code of Good Practice to guide their use, nor is there academic literature that examines how MSAs operate in practice or the risks they may pose. This article addresses that gap by analysing relevant case law and legal doctrine to highlight areas of uncertainty and concern, offering guidance to help employers and employees navigate the negotiation of MSAs more safely and responsibly.

This study examines the determinants of the effectiveness of Indonesia’s Job Loss Security (Jaminan Kehilangan Pekerjaan/JKP) program within the framework of a developing-economy context. The examination employs Structural Equation Modeling–Partial Least Squares (SEM-PLS). It is based on survey data involving 179 formal workers impacted by employment termination throughout Java, representing approximately 78% of national JKP beneficiaries in 2024. The model evaluates the impact of program benefits (cash transfers, job training, and labor market information), governance and administrative elements (investment fund management, employer compliance, and ease of claims), and labor market conditions, incorporating skill mismatch as a mediating variable. The results indicate that cash benefits, job training, and employment opportunities are the primary factors influencing perceptions of program effectiveness. In contrast, labor market information and governance-related factors do not demonstrate statistically significant effects, indicating a disparity between formal policy design and experiences of beneficiaries. Skill mismatch exhibits a positive and significant correlation with perceived effectiveness, indicating a perception-driven mechanism whereby workers experiencing greater mismatch prioritize immediate income assistance and training over tangible enhancements in job alignment. The mediating effect of skill mismatch is not substantiated. The results indicate that in segmented labor markets with restricted absorption capacity, the efficiency of job loss security is primarily influenced by concrete benefits and employment prospects. The study enriches the literature on unemployment insurance and active labor market policies by emphasizing the importance of prioritizing immediate benefits, relevant training, and job creation to ensure policy design aligns with beneficiary expectations.

In the governance of modern states, the state civil apparatus (Aparatur Sipil Negara, ASN), including civil servants (Pegawai Negeri Sipil, PNS), occupies a strategic position as the frontline in implementing public policies and delivering public services, making legal certainty and protection of PNS rights crucial for administrative justice and bureaucratic stability. This study aimed to examine the exercise of jurisdiction by the Medan High Administrative Court (Pengadilan Tinggi Tata Usaha Negara, PTTUN Medan) in resolving PNS dismissal disputes in Riau Province under Supreme Court Regulation No. 2 of 2023 (Peraturan Mahkamah Agung Nomor 2 Tahun 2023), and to analyze its implications for PNS access to justice. This is a sociological legal study with an empirical approach that investigates how the regulation of jurisdiction is operationalized in practice, taking into account geographical, administrative, and institutional contexts. The findings show that the geographical distance between Riau Province and Medan City functions as a determining variable affecting PNS access to justice, as it increases the time, cost, and procedural complexity associated with filing claims before PTTUN Medan. At the same time, Supreme Court Regulation No. 2 of 2023 comprehensively reaffirms the status of PTTUN as the competent court of first instance to examine, decide, and resolve PNS dismissal disputes and employment termination of government employees with work agreements (PPPK) after the completion of administrative remedies before the Badan Pertimbangan ASN (BPASN). In conclusion, the strengthening of PTTUN Medan’s jurisdiction through this regulation provides legal certainty for the resolution of PNS dismissal disputes, while simultaneously highlighting access-to-justice challenges for PNS in Riau that must be addressed through policy design and administrative court governance that place greater emphasis on ease of access for justice seekers in the regions.

This study examines the legal implications of Artificial Intelligence (AI) adoption in professional employment sectors in Indonesia and compares them with regulatory frameworks in the United States. As a developing nation operating under a civil law system, Indonesia has yet to establish comprehensive regulations capable of responding to the disruptions AI poses to labor stability and job availability. Existing labor legislation and electronic systems regulations do not sufficiently protect workers from the risks of automation or AI-driven termination of employment. In contrast, the United States, through Federal Executive Order No. 14110 (2023) and the Automated Employment Decision Tools Law (2021), has established adaptive regulatory mechanisms emphasizing independent audits, transparency in AI utilization, and the protection of civil rights and employment equity. The findings indicate that Indonesia must develop more responsive AI governance within its labor regulatory framework, including limiting the use of AI in recruitment, restricting AI-based efficiency layoffs, and implementing clear accountability standards for AI providers. These conclusions highlight the need for labor law reform to balance technological advancement with worker protection in the digital era.​

Medical professionalism is fundamental to the delivery of high-quality patient care. There is a paucity of data to describe behaviors associated with negative professional and employment outcomes. This study examines common factors leading to corrective actions, remediation, and termination of emergency physicians (EPs). This was a cross-sectional survey sent to academic chairs in emergency medicine to identify factors for corrective actions, remediation, or termination of EPs. Survey items were piloted and response process validity gathered prior to administration. Data are reported as descriptive statistics. 60 of 167 (36%) members of the Association of Academic Chairs in Emergency Medicine (AACEM) completed the survey. Most respondents were male (75%), at least 45years of age (93%), had been in practice for at least 20years (85%), had 5 or more years' experience as an academic chair (63%), and had served as chair for more than 60 EPs (70%). Respondents reported providing corrective action for approximately 700 EPs, remediation for 371 EPs, and termination for 132 EPs. Corrective actions were most common for: disrespecting others (82%), poor working relationships with nursing (77%), and insufficient academic output (70%). Remediation was most common for: disrespecting others (47%), substandard patient care (43%), and poor working relationships with nursing staff (42%). Termination was most common for: substandard patient care (32%), disrespecting others (23%), and conviction for illegal activity (22%). In this survey of academic chairs in emergency medicine, the most common factors of employment-related corrective actions, remediation, and termination among EPs were related to issues of professionalism. There may be opportunities to address these issues prior to employment termination. Future studies should be expanded to include survey respondents who are not academic chairs in emergency medicine.

Most American workers are 'at-will employees' which means that they can be fired or any or no reason at all. Since at-will became commonplace in the late 1800s, efforts to provide workers greater job security have occurred intermittently, notably with the passage of labor and antidiscrimination laws. But efforts to reform at-will as a legal and policy doctrine have been few and, to date, largely unsuccessful. We examine these efforts, focusing on statutory carveouts in the mid-20th century and the largely failed effort to pass state level just cause laws via the Model Employment Termination Act in the 1980s-90s. We emphasize the importance of historical institutional development, path dependence, and the existence of multi policy orders-namely labor statutes, antidiscrimination laws, and arbitration policies in the context of the anti-litigation movement of the 1980s-90s-that serve to add further layers of veto players and demobilize potentially supportive groups.

An employment relationship is a relationship between a worker and an employer or entrepreneur involving work, wages, and orders. One outcome of this employment relationship is termination of employment. To create a just and prosperous society based on Pancasila and the 1945 Constitution, the government has enacted laws concerning termination of employment, such as Law No. 13 of 2003 concerning Manpower, Law No. 11 of 2020 concerning Job Creation, and Government Regulation No. 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working and Rest Hours, and Termination of Employment. This research uses a normative legal method, namely examining the law as it exists or should exist, or the law in books. The research was conducted by analyzing applicable laws and regulations, using library materials or secondary data covering primary, secondary, and tertiary law. Termination of employment is the right of both parties, namely workers and employers. Both parties can terminate the employment relationship according to their respective situations or conditions. This issue often generates debate because each party has different perspectives and arguments regarding termination of employment. As a result, the amount of compensation workers receive in practice also varies. Comparing Law No. 13 of 2003, Law No. 11 of 2020, and Government Regulation No. 35 of 2021 concerning termination of employment, it is clear that the Employee Rights Act No. 13 of 2003 provides more compensation than the Job Creation Law. Therefore, in practice, many companies, including PT Kuoni Indonesia, seek ways to reduce their compensation obligations under the pretext of negotiating with employees.

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.

Micro waqf banks in Indonesia are crucial in financing and providing business support. However, guidance on fostering job creation through entrepreneurship among their customers remains limited. Amid the current global economic slowdown and rising threats of employment termination in Indonesia, this study aims to analyse the priority strategies that micro waqf banks can adopt to promote job creation through entrepreneurship. This research employs a qualitative case study approach. Data were collected through questionnaires and in-depth interviews with supervisors, managers, and customers of micro waqf banks in Banten Province, Indonesia, selected via purposive sampling from El Manahij, Lan Taburo, and An Nawawi banks. Data validity was ensured through source triangulation, and descriptive analysis was conducted using the Analytical Network Process (ANP) technique with the Super Decisions software. The findings indicate that job creation is a key priority for entrepreneurship development within micro waqf banks, encompassing business assistance, financing, and mentoring. The study highlights the importance of strengthening mentoring, financing, and entrepreneurship training to enhance and expand job creation efforts within the micro waqf bank ecosystem. This research reinforces the pivotal role of micro waqf banks in supporting small, micro, and medium enterprises (SMEs) through these strategies. Policy implications suggest that government support should enhance mentoring, financing, and entrepreneurship training policies for micro waqf banks to maximise job creation. The study’s limitation lies in its focus on Banten Province, and future research is recommended to test the effectiveness of these strategies in other regions and with different mentoring models.

Protection of workers with a Certain Time Work Agreement (PKWT), this is a government step to protect the interests of PKWT workers has made the latest Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and Government Regulation Number 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Working Time, and Rest Time, and Termination of Employment. Many people consider that they still do not have legal certainty for workers if there is a violation of the provisions relating to the terms and elements of a certain time work agreement work contract. In theory, legal certainty is the clarity of behavioral scenarios that are general and binding on all citizens, including legal consequences. That the terms of the implementation of PKWT, there is no clarity of norms regarding legal sanctions or legal implications if there is a violation of the terms and conditions of the implementation of a Certain Time Work Agreement, especially violations of the past length of PKWT, where the provisions stipulated in the Government Regulation of the Republic of Indonesia that PKWT is no longer than 5 (five) years. However, it does not regulate sanctions if violated. So that legal protection for PKWT workers regarding overdue time is important because it is related to legal certainty of employment relationship status.

Industrial relations disputes, particularly rights disputes following termination of employment, frequently arise due to differences in interpretation and implementation of rights and obligations between workers and employers. Mediation is prioritized as a non-litigation dispute resolution mechanism before cases proceed to the Industrial Relations Court. This study aims to analyze the role of mediators at the Tangerang Regency Manpower Office in resolving rights disputes and to identify factors that hinder the effectiveness of the mediation process. This research employs an empirical legal research method with a qualitative approach, using interviews and field observations conducted during an internship program. The findings indicate that mediators have performed their roles in facilitating dialogue, examining documents, and issuing recommendations; however, the effectiveness of mediation is often constrained by the absence of disputing parties, incomplete documentation, differences in legal interpretation, and the non-binding nature of mediation recommendations. The novelty of this study lies in its empirical finding that mediation recommendations at the regional level tend to function merely as administrative formalities, limiting their effectiveness in strengthening the protection of workers’ rights. This study recommends strengthening mediator authority and improving the substantive quality of mediation outcomes to achieve a more effective and equitable industrial dispute resolution mechanism.

The Old Age Security Program has attracted considerable attention within the broader context of social security implementation, particularly due to frequent changes in regulations governing benefit distribution. This article analyses the inclusion of criteria for workers or labourers who have ceased employment as an expansion of the definition of 'retirement age' in relation to beneficiary eligibility under Government Regulation No. 46 of 2015 concerning the Implementation of Old Age Security (Government Regulation No. 46/2015) and its amendments. Under Article 35, paragraph (2) of Law No. 40 of 2004 concerning the National Social Security System (SJSN Law), Old Age Security benefits are provided to participants who retire, experience permanent total disability, or pass away. This analysis differs from previous studies that focused solely on changes to the waiting period for workers or labourers experiencing termination of employment. The research employs statutory, case, and conceptual approaches, and applies grammatical and systematic analysis to legal materials. The findings indicate that, although expanding the definition of 'retirement age' in the implementation regulations does not align with the original intent of the Old Age Security Program as part of the National Social Security System, the Constitutional Court has determined that such expansion is permissible under conditions of force majeure, such as termination of employment. It is recommended that future benefit distribution under the Old Age Security Program realign with the program's foundational principles.

This study analyzes the application of the principle of justice in efficiency-based employment termination disputes, focusing on Supreme Court Decision No. 1774 K/Pdt.Sus-PHI/2022 concerning the dispute between Hendy Irwanto Fong and KSP Indosurya. The increasing reliance on efficiency as a ground for termination, particularly during periods of economic crisis, has intensified tensions between business sustainability and the protection of workers’ rights. This research employs a normative juridical method using statutory, case, and conceptual approaches to examine judicial reasoning and its implications for substantive justice. The findings reveal that the Supreme Court prioritized procedural legal certainty by affirming the judex facti decision, while insufficiently addressing proportional fairness in the calculation and fulfillment of workers’ entitlements. The absence of complete material evidence, particularly regarding wage components, significantly weakened the worker’s claim and resulted in limited protection of substantive rights. This study demonstrates that formal compliance with procedural law often outweighs considerations of distributive and corrective justice, as articulated in Aristotelian justice theory. The novelty of this research lies in its dual contribution: practically, it formulates strategic guidance for drafting employment termination claims that are both formally valid and materially substantiated to strengthen workers’ access to justice; academically, it enriches labor law scholarship by integrating justice theory with judicial practice in Indonesian industrial relations disputes. The study concludes that achieving fairness in employment termination cases requires not only procedural compliance but also material completeness, judicial sensitivity to proportional justice, and institutional support to address evidentiary imbalances between employers and workers.

Termination of employment (PHK) due to company efficiency poses significant legal and social challenges in Indonesia, especially after the enactment of Law Number 6 of 2023 concerning Job Creation. This study uses a normative juridical approach to analyze legal provisions, court decisions, and legal literature related to efficiency-based PHK, with a systematic and teleological interpretative framework. The results of the analysis show that although the Job Creation Law stipulates procedures and normative rights for workers through Articles 161–165, there are normative and implementative gaps that cause legal uncertainty, social conflict, and the risk of procedural injustice for workers. The socio-legal study shows that the effectiveness of legal norms depends not only on formal compliance by companies, but also on the integration of norms, practices, and the socio-economic conditions of workers. These findings emphasize the need for participatory mediation mechanisms, procedural transparency, and consistent protection of normative rights to strengthen legal certainty and social justice in the practice of efficiency-based termination. This research provides theoretical and practical contributions to the development of labor laws that are responsive to social dynamics.

This study aims to analyze the effectiveness of Judicial Review as a substantive corrective legal remedy against Supreme Court cassation decisions that fail to grant the full scope of workers’ normative entitlements in cases of unilateral termination of employment, as well as to identify the critical barriers that limit workers’ access to such remedies. This research employs a normative juridical method with a statutory and case-study approach, focusing on a critical analysis of Supreme Court Decision No. 675 K/Pdt.Sus-PHI/2025. The findings conclude that Judicial Review holds significant potential as a safeguard for justice in correcting discrepancies in cassation decisions that grant only a minimal portion of workers’ rights. However, this potential is hindered by two layers of constraints: regulatory uncertainty due to the absence of specific provisions on Judicial Review within the Law on Industrial Relations Dispute Settlement, and practical obstacles arising from the Supreme Court’s restrictive judicial posture combined with the high financial and temporal burdens imposed on workers. It is recommended that the Supreme Court issue a Supreme Court Regulation easing the requirements for Judicial Review for workers based on the favor laboris principle, in order to realise substantive justice that is prompt, simple, and cost-efficient.

The Fixed-Term Employment Agreement is a form of employment relationship limited by a specific period, as regulated under Law Number 13 of 2003 on Manpower, as amended by Law Number 11 of 2020 on Job Creation, along with its implementing regulation, Government Regulation Number 35 of 2021. One of the regulatory innovations introduced by these instruments is the concept of compensation payment for Fixed-Term Employment Agreement workers, regardless of the reason for the termination of employment. However, in practice, this provision has created a legal loophole that may be exploited by workers to obtain compensation even when, in substance, such entitlement does not meet the criteria of fairness. This study aims to analyze the forms of legal loophole exploitation by Fixed-Term Employment Agreement workers in the implementation of compensation payments and to examine this phenomenon from the perspective of legal utility. The research employs a normative juridical method using both statutory and conceptual approaches. The results indicate that the lack of normative clarity in Government Regulation Number 35 of 2021 particularly concerning the conditions for granting compensation and the mechanisms of its supervision has opened opportunities for misuse of rights by workers. From the perspective of legal utility, this demonstrates that the current regulatory framework has not yet fully achieved a balanced social benefit between workers and employers.