ANALYSIS OF NON-CONFORMITIES IN LABOR INSPECTION

REGULATIONS IN INDONESIA: A MULTI-LEVEL STUDY BASED ON

ARTICLE 178 OF THE LABOR LAW
a Yogi Muhammad Rahman, b Sarah Furqoni, c Rully Syahrul Mucharom,
d Belardo Prasetya Mega Jaya, e Taopik Iskandar

ABSTRACT
Objective: This paper will examine the aforementioned issues ow do businesses ensure their
employees' rights and needs are met? How effective is government-appointed labor inspectors
at preventing violations of workers' rights? How are the legal and practical mechanisms for labor
inspectors to uphold the rights of workers formed and implemented are crucial factors to
consider when evaluating the role of labor inspectors in promoting cooperation between
workers and management.

Method: With current literature by drawing on a wide range of primary and secondary legal
sources, including statutes, case law, and academic studies.

Result: The study concludes that ILO Convention No.81 of 1947 affirms the authority of labor
inspection, and that the government of Indonesia ratified this convention in Law No. 21 of 2003
on the ratification of ILO Convention No.81, but that the central government's control of labor
inspection has become problematic due to the development of a labor law that provides
authority that is centralistic-hierarchical and increasingly complex. Since labor inspectors are
spread out over such a large region, there are a number of pressing matters that must be
enforced until the shortage of available resources at the local level is resolved with a, but it is
also important to consider the local context when making policy decisions moving forward.

Conclusion: This research will shed light on Indonesian labour inspection difficulties and may
lead to more specific improvements.

Keywords: labor inspection, arrangement, policy, disparities.

Received: 24/07/2023
Accepted: 17/10/2023
DOI: https://doi.org/10.55908/sdgs.v11i10.1257

a PhD in Law, Galuh Ciamis University, Indonesia, E-mail: yogimr41.lawoffice@gmail.com,

Orcid: https://orcid.org/0000-0003-0433-1723
b Master in Law, Haji Sumatera Utara University, Indonesia, E-mail: sarahunhaj@gmail.com,

Orcid: https://orcid.org/0009-0000-6286-999X
c Master in Law, Sultan Ageng Tirtayasa University, Indonesia, E-mail: rully_sm@untirta.ac.id,

Orcid: https://orcid.org/0000-0003-3255-4000
d Master in Law, Sultan Ageng Tirtayasa University, Indonesia, E-mail: belardoprasetya@untirta.ac.id,

Orcid: https://orcid.org/0000-0002-7193-1959
e Master in Law, Galuh Ciamis University, Indonesia, E-mail: taopik.iskandar@gmail.ac.id,

Orcid: https://orcid.org/0000-0003-0433-1723
1

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

ANÁLISE DE NÃO CONFORMIDADES NAS REGULAMENTOS DE

INSPEÇÃO DO TRABALHO NA INDONÉSIA: UM ESTUDO MULTINÍVEL
BASEADO NO ARTIGO 178 DA LEI DO TRABALHO

RESUMO
Objetivo: Este artigo examinará as questões acima mencionadas: como as empresas garantem
que os direitos e necessidades de seus funcionários sejam atendidos? Quão eficazes são os
inspectores do trabalho nomeados pelo governo na prevenção de violações dos direitos dos
trabalhadores? A forma como são formados e implementados os mecanismos legais e práticos
para os inspetores do trabalho defenderem os direitos dos trabalhadores é um fator crucial a
considerar ao avaliar o papel dos inspetores do trabalho na promoção da cooperação entre os
trabalhadores e a gestão.

Método: Com base na literatura atual, recorrendo a uma ampla gama de fontes jurídicas
primárias e secundárias, incluindo estatutos, jurisprudência e estudos acadêmicos.

Resultado: O estudo conclui que a Convenção n.º 81 da OIT de 1947 afirma a autoridade da
inspecção do trabalho e que o governo da Indonésia ratificou esta convenção na Lei n.º 21 de
2003 sobre a ratificação da Convenção n.º 81 da OIT, mas que o órgão central O controlo
governamental da inspecção do trabalho tornou-se problemático devido ao desenvolvimento de
uma legislação laboral que confere uma autoridade centralista-hierárquica e cada vez mais
complexa. Dado que os inspectores do trabalho estão espalhados por uma região tão grande,
há uma série de questões prementes que devem ser aplicadas até que a escassez de recursos
disponíveis a nível local seja resolvida com um, mas também é importante considerar o
contexto local ao tomar decisões. decisões políticas no futuro.

Conclusão: Esta investigação lançará luz sobre as dificuldades da inspecção do trabalho

indonésia e poderá conduzir a melhorias mais específicas.

Palavras-chave: inspeção do trabalho, arranjo, política, disparidades.

1 INTRODUCTION
How do businesses ensure that employee rights are respected? When workers'
rights are infringed, how effective is the oversight provided by government-appointed
labor inspectors? How does carrying out the responsibilities of labor inspectors ensure
that workers' rights are upheld in accordance with the law? Some of these factors become
important when analyzing the function of labor inspectors in creating a harmonious
setting for both workers and business owners. Some of these questions will have their
answers determined by the government's numerous policy actions.
One of the most important factors in advancing society is human labor.
Employment strategies in development programs try to address this issue by producing a
large number of high-quality, varied, and secure jobs in all economic sectors (Quinn &
Hilmer, 1994). Without workers, a company cannot conduct business or take part in
growth. Workers' rights must be protected, their responsibilities must be regulated, and

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

their helpful power must be nurtured if they are to fulfill their role as development
implementers (Graham et al., 2003). Everyone has a right to work, and the government
should protect that right through a variety of policies and programs. Economic, social,
and cultural rights, including the freedom to work, are enshrined in the Constitution of
the Republic of Indonesia, which dates back to 1945 (Widiarto et al., 2018).
Employment activities in Indonesia are largely carried out within the context of
entire Indonesian human development and the development of Indonesian society as a
whole, with the ultimate goal of promoting a more wealthy, fair, successful, and equitable
material and spiritual society for all Indonesians (Rusli, 2004). In the preamble to the
Republic of Indonesia Constitution of 1945, Indonesia pledges to protect "the entire
nation and all the blood of Indonesia," improve the country's standard of living and
intellectual climate, and aid in the establishment of a global order based on sovereignty,
lasting peace, and social justice in accordance with Pancasila.
The Constitution was written, from beginning to end, with these protections in
mind. According to Article 27 (2) of the 1945 Constitution, "Every citizen has the right
to work and a reasonable livelihood for mankind." According to this rule of thumb, people
can support themselves economically if new jobs are created. Workers can be safeguarded
in part through labor inspections (Kelly & Kalev, 2006). The issue of unemployment is a
concern in many OIC countries. According to Article 13 of the OIC declaration, the right
to work exists. Career paths should be carefully considered so that both the individual and
society benefit.
There are three key drivers of the labor law ecology. Workers provide services for
others, while employers provide employment opportunities, and the government mediates
between these groups to ensure everyone's requirements are met (Johnson & Woodcock,
2021). The government recognizes that a calm work environment is essential to the
success of any business, as this will increase production and, in turn, the economy and
people's standard of living.
Through various pieces of legislation, the government creates a system in which
both workers and businesses benefit. All workplace interactions between employees and
management must follow the prescribed legal protocol. The inconsistent nature of
Indonesia's labor inspection legislation is the subject of this article's legal discussion.
According to letter G of the Annex on the Division of Government matters in the Field
of Labour for non-essential government matters, a tiered system of labor inspection at the

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

national, provincial, and municipal levels is established in Article 178, paragraph (1) of
the Labour Law. This study will use both primary and secondary legal sources, ranging
from case law to academic studies, to critically examine the issues present in the existing
literature. Methods from the fields of law, history, and theory were employed in this
investigation. With these reforms, inconsistencies in labor inspection standards are
addressed.

2 THEORITICAL FRAMEWORK
Successful supervision requires focusing on managerial and organizational
objectives. The emphasis is on carrying out schemes. The two processes, planning and
monitoring, go hand in hand. Every manager, no matter the size of their organization,
needs to exercise some degree of control or supervision over the work or employees who
carry out their critical tasks (Blau, 1970). As a managerial duty, leadership supervision—
and especially intrinsic supervision (built-in Control)—ensures that work gets done. The
worker's competence is critical to the project's success. Workers are more likely to
conform to standards when directed by their superiors (Kadarisman, 2012).
Supervision is primarily used to observe what is happening and compare it to what
should happen (Cooper & Kurland, 2002). When an anomaly or bottleneck is rapidly
identified, it can be removed. As a result of this adjustment, the actions should still
provide the desired results. There are those in charge of keeping things in order.
Inspectors in this field also keep an eye on the business world as a whole. The role of
labor inspectors is to improve workplace health, safety, and welfare (Sendjun, 2001).
Working as an early warning system, this part of supervision is essential for maintaining
a tranquil and orderly workplace and upholding the rule of law (Isermann, 1997).
Inspectors of the labor force also watch out for worker rights. Because there are times
when the roles of the employer and employee are even (Michaelson et al., 2014).
Relationships between employers and employees that are unbalanced are unfair
and violate workers' rights. Since employees are in a weaker position, the state steps in to
protect them. States are shielded by law (Santoso, 2019). Workplace laws are enforced
by inspectors. Occupational safety and health regulations are strictly enforced by labor
inspectors to ensure the smooth operation of businesses and the safety of their employees
(Von Richthofen, 2002).

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

Independent and professionally-trained, employment inspectors ensure

compliance with labor regulations. Personnel at the Labour Inspectorate are appointed by
the Minister of Labour or another relevant authority. Each level of government—national,
provincial, and local—has its own labor inspection agency (Wantu et al., 2023).
Subsystems of this action include labor inspector training, education, administration, and
procedures. Education is provided for both general and specialized labor inspectors.
Active language is used by supervisory staff. The government then provides support for
administrative oversight (Barker & Cheney, 2009).
Work units responsible for carrying out labour inspections, such as province and
district/city governments, are obligated to report their findings to the Minister of Labour,
keep confidential any information that should remain so, and refrain from abusing their
position of authority. These standards are used for labor inspections: Assistance from the
government in labor disputes;
1. government agencies that deal with employee/employer conflicts;
2. Accountability, or the need that labor inspectors be public servants who
are both autonomous and answerable for their work;
3. The effectiveness and efficiency of labor inspections should be a top
priority;
4. Availability across all industries (labor inspection services);
5. Openness; employees, employers, and other parties are aware of the
Labour Inspection Service's authority, responsibilities, and mandates;
6. uniformity and coherence in the tasks assigned to labor inspectors;
7. When enforcing the law, it should be in proportion to the gravity of the
crime and the potential danger to workers.
8. All workers and labor are guaranteed equal legal protection;
9. Coordination: labor regulators work with various groups to ensure
compliance with labor laws in the workplace.
10. cooperation is essential, as national, regional, and corporate labor
inspectors need to interact with businesses and labor unions.
This study involves an in-depth analysis of the role and implementation of
professional and independent labor inspectors in ensuring compliance with labor
regulations. At each level of government—national, provincial and local—there is a
separate labor inspection agency. Subsystems of this act include training of labor

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

inspectors, education, administration, and procedures. Each work unit responsible for
labor inspection, such as provincial and district/city governments, has an obligation to
report their findings to the Minister of Manpower, maintain confidentiality of information
that should be kept confidential, and not abuse their position. The standards used in labor
inspections include: Assistance from the government in resolving labor disputes;
accountability of labor inspectors as public servants; effectiveness and efficiency of labor
inspection; availability of labor inspection services across all industries; openness;
uniformity and cohesiveness in the tasks assigned to labor inspectors; law enforcement
proportionate to crime and potential harm to workers; equal legal protection for all
workers and workers; coordination and cooperation.
In this analysis, it is important to consider how these principles are applied in
practice, and how they can help to strengthen the function and effectiveness of labor
inspection. In the Indonesian context, there are specific challenges that must be overcome
to ensure that the labor inspection system functions as it should and provides adequate
protection to workers.

3 RESEARCH METHODS
Legis positives is a tenet of the normative juridical approach (Statute Approach),
which holds that the law is synonymous with the codified norms promulgated by
authoritative bodies or individuals. A central tenet of this paradigm is the idea that the
law exists in a vacuum, apart from the rest of society. Books and statutes are examples of
legal materials. The descriptive nature of the research requirements for the thesis.
analytical, seeking explanations and providing details in a methodical, sequential, and
logical fashion.
The methodological steps of the study are as follows:
1. Data collection: First, data can be collected by examining documents and
reports related to labour regulations and supervision in Indonesia.
2. Data analysis: the analysis can be done by comparing data from various
sources and looking at differences in regulations and labour supervision practices
in Indonesia.
3. Findings: These findings can provide a clearer picture of the disparities
and challenges faced in labour supervision in Indonesia.

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

4. Conclusions: these conclusions can help find solutions to improve the

regulation and practice of Labor supervision in Indonesia.
5. Suggestions: the researcher can also provide suggestions to improve the
supervision of labour in Indonesia based on the findings and conclusions that have
been found in the study. These suggestions can serve as recommendations for the
government, employers, and labour organizations to improve labour regulation
and supervision practices in Indonesia.

4 RESULT AND DISCUSSION

4.1 LABOUR SUPERVISION PROBLEMS IN INDONESIA
Expanding a country's manufacturing base helps boost the economy and creates
opportunities for more people to find work. The extent to which automation in the
workplace can absorb human effort that might otherwise go toward boosting economic
growth and social well-being. Pancasila, the 1945 Constitution, and the many laws and
policies adopted by the Indonesian government all contribute to the country's drive for
planned, integrated, comprehensive, steady, and sustainable progress across the board
(Kim, 2021).
After peaking at 15.25 million in 2014, the processing industry sucked in 19.2
million workers during President Joko Widodo's first five years in office. More people
will be employed between 2015 and 2019 than the 2.41 million who were added to the
workforce between 2010 and 2014. Processing industry employment declined from 19.1
million in January 2020 to 18.7 million in February 2020 and 17.5 million in August 2020
as a result of the COVID-19 pandemic. About 17.8 million people working in the
processing industry were able to fully recover from the pandemic by February 2021.
Employment opportunities in the infrastructure sector have grown. From 2016 to
2022, boosting economic growth and launching national strategic projects (PSN) will cost
a total of IDR 5,739.7 trillion, spread among 208 projects and 10 programs. Eleven
million people have had access to funds from 208 PSNs working in the development
sector since 2016.(Kemenperin: Refleksi Tujuh Tahun Pemerintahan Presiden Joko
Widodo Dalam Pembangunan Industri Manufaktur, 2021) Employment concerns, such
as labor inspection, from regulation and protection of employees' rights to practical needs,
remain uneven despite the government's recognition of them as a policy priority. So, we'll
talk about the Indonesian labor inspection system here. Here, we'll cover the purpose of

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

labor inspections, the laws governing them in Indonesia, and the responsibilities of those
conducting them.

4.2 LABOR SUPERVISION OBJECTIVE

Workers have a responsibility to protect their own financial security, social
benefits, workplace safety, and civil liberties (Alli, 2008). There must be an obligation
and a breach of civil liability for an act; if the responsibility is one of the law's principles,
such as refraining from acting in a way that harms others, then the liability is tort. Thus,
pre-contract negotiations can be treated as material facts. They do not create
responsibilities between parties or legal actions that must be fulfilled and not violated
(Alnumani, 2023).
This guarantees the workforce peace of mind, tranquility, justice, and wealth by
balancing employees, employers, the business world, and other elements of the firm.
Rights under labour law:
1. Right to a decent wage,
2. Right to equal opportunity and treatment from companies without
discrimination,
3. Right to get job training to improve and develop work competencies,
4. Right to carry out work within the prescribed time: seven hours in one day
for six working days in one week or eight hours in one day for five working days
in one week,
5. Right to employment,
6. Right to the protection of Occupational Health and safety,
7. Right to welfare through Labor, Social Security,
8. Right, to participate in trade or labour unions,
9. Right to leave: at least 12 working days after the employee has worked for
one year continuously,
10. Right of rest: workers, after working four hours continuously, have the
opportunity to rest for at least half an hour,
11. Right to maternity leave and special menstrual leave for female employees:
one and a half months before giving birth and the first and second day of
menstruation,
12. Right, to worship,

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

13. Right to strike, and

14. Right, to receive severance pay in the event of termination of employment
or layoffs.
Without elaborating on any individual rights, the entire classification of labor
rights must be met. The same treatment must be given to labor inspection in order to fully
realize these rights (Adewumi & Adenugba, 2010). Inspection of the labor force
guarantees that rules are observed. Labor inspectors ensure that workers' rights are upheld
in accordance with the law. Workers' rights are safeguarded and laws are enforced thanks
to labour supervision (Alston, 2004).
According to Article 5 paragraph (1) of ILO Convention No. 81, the purpose of a
labor inspection system is to: (a) ensure the enforcement of legal provisions regarding
working conditions and the protection of workers while performing their jobs, including
provisions relating to working hours, wages, safety, health and welfare, the use of child
labor and young people, and other related issues, to the extent that labour inspectors can
enforce such provisions;
The rights of such workers are safeguarded by the state. From the point of view
of the law, every right guaranteed is an effort to safeguard that right. This body of law is
known in the Netherlands as the theorie van de wettelijke bescherming and in Germany
as the theorie der rechtliche Schutz. Those who are hurt by others are afforded legal
protection in an endeavor to ensure that they are able to fully exercise their Human Rights
(HAM) under the law. Legal protection that is not only responsive and malleable, but
also predictive and anticipative, is possible, say Lili Rasjidi and I. B. Wysa Putra.
Phillpus M. Hadjon, to put it succinctly, maintained that the government's duty to provide
the people with legal protection is both preventative and coercive (Philipus, 1987).
Human rights are guaranteed by the law. The government, employees, and employers are
all connected through labour legislation. Workers' rights and employer responsibilities
are safeguarded by the state. Therefore, legal labor inspection strikes a balance between
workers' and employers' rights.

4.3 ILO CONVENTION NO. 81 CONCERNING LABOUR INSPECTION IN

INDUSTRY AND COMMERCE
After World War I, the International Labor Organization (ILO) was established as
part of the Versailles Treaty as one of the international agencies that dealt with

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

international labor/employment concerns. In its role as a global labor organization, the

ILO can look back on a rich past. Since 1919, when Samuel Gomper was president of the
AFL, the Labour Commission has been responsible for writing the ILO's constitution.
During this time, Belgium, Cuba, the Czechoslovakia, France, Italy, Japan, Poland, the
United Kingdom, and the United States are all included (de la Cruz, 1994).
The ILO was motivated by concerns for humanity, safety, politics, and the
economy. The International Labor Organization (ILO) was established with the belief that
social fairness is essential to maintaining world peace; its focus is on labor policy in
advanced economies (Sen, 2000). The International Labor Organization was established
as a humanitarian initiative to aid exploited employees who cared nothing for their own
safety, well-being, or future.(Muhid, 2021) Therefore, the founding of the ILO is linked
to humanitarian and security issues.
Since worker welfare will only increase production costs and competitiveness,
corporations develop roles for economic reasons rather than for the welfare of workers
(Stiglitz, 2002). For both political and economic reasons, such as the need to work
together to create uniform working standards across countries that compete for the same
markets, this is essential (Boix, 1998).
In 1920, under Albert Thomas's leadership, the ILO relocated to Geneva. Over the
first two years of the ILO's existence, it drafted nine international labor treaties and ten
recommendations. Working hours, unemployment, maternity leave, night shifts for
women, minimum age, and youth night shifts are among topics discussed at this
convention and in the proposed solutions.
The UN specialized the ILO in 1946. The International Labor Organization (ILO)
is a specialized organization of the United Nations that works to ensure decent work
opportunities for all people, regardless of race, religion, gender, sexual orientation, age,
or disability (Rodgers et al., 2009). The International Labor Organization (ILO) works to
promote labor rights, quality employment, social security, and open dialogue in the
workplace. The United Nations organization has a membership of 183, making it special.
Its tripartite structure ensures that governments, companies, and labor unions all have a
voice in shaping programs and policies (Hughes, 2005).
ILO norms are used in international labor agreements and recommendations.
Ratification of ILO conventions is mandatory for members. Models for national policy
and activity that carry no legal weight. Freedom of association and collective bargaining;

10

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

equality of treatment and opportunity; abolition of forced labor and child labor; promotion
of employment and job training; Social Security; working conditions; labor
administration and supervision; prevention of work-related accidents; maternity
protection; and protection of migrant workers were just some of the topics that had been
addressed by the ILO by 2009 (Niu, 2010).
Each ILO convention serves as a precedent for national labor laws and practices
around the world. The international labor standards set by the labour inspection pact were
generally well received. Industry and trade are the focus of ILO Convention 81. This
convention on labor inspection is widely utilized today. A total of 141 nations have signed
on to this pact, which mandates that all signatory nations establish labor inspection laws.
On June 19, 1947, the International Labour Organization's (ILO) governing body
held its thirtieth session at Geneva. At this session, the General Conference received
proposals concerning the organization of labor inspection in industry and commerce;
these proposals would later become known as the Labour Inspection Act. Primary
Motives for Holding This Meeting:
1. Convention No. 81 of the International Labor Organization (ILO) on Labor
Inspection in Industry and Commerce requires all ILO Member States to conduct
periodic inspections of workplaces.
2. Since the labor inspection system in business and industry is consistent
with international standards, Convention 81 of the International Labor
Organization must be ratified.
There are a total of 39 articles spread throughout four chapters: introduction,
industry and trade labor supervision, other provisions, and closing provisions. Convention
No. 81 details the roles and obligations of the Labor Inspection System as well as the
facilities, inspector ethics and reporting responsibilities, worker health and safety
accidents and diseases, and supervisor, employer, and worker follow-up. In Article 4 of
ILO Convention No. 81, the authority to conduct labor inspections is addressed. In Article
4, we have:
1. To the extent that members' administrative practices will allow, the central
government shall be in charge of labor inspection.
2. In a federal state, the term "central government" refers to either the federal
or a state level of the Federation.

11

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

Indonesia operates its government only at the central and local levels; it is
unfamiliar with the federal system. However, the country does have a unique feature
called regional autonomy, which vests authority in regional governments rather than the
central government.

4.4 DISPARITIES IN THE REGULATION OF LABOR SUPERVISION

Conventions of the International Labor Organization (ILO) governing labor
practices were ratified by Indonesia. Indonesia became a member of the International
Labor Organization on June 11, 1950. When Indonesia became the 16th member of the
ILO, it changed the way that government agencies like the Ministry of Manpower and
Transmigration, employers who are part of Indonesian employers' organizations, and
unions or worker groups in Indonesia could work together (Tjandraningsih, 2009).
Indonesia should join the ILO for three key reasons: first, on job creation for inclusive
and sustainable growth, which includes mainstreaming employment in macroeconomic,
labour, and social policies through sound labour market analysis and tools, improved
policies and programmes to better equip women and young men to enter the workforce,
optimised employment outcomes, and improved policies and programmes on
entrepreneurship, business development, and co-operatives for job creation and financial
inclusion (Elson & Cagatay, 2000).
To understand the role of labor law in administrative law, consider the issue and
function of the law in state administration. In state governance, law addresses officials,
institutions, and citizens. This problem involves state authorities governed by
administrative law. Its duties include making laws, granting permits (bestuur),
determining legislation, and preventing difficulties. As state employment administrator,
the government must handle these three duties (Perdana, 2023).
The second is effective labor administration and harmonious labor relations.
Employers' and workers' organizations' institutional capacity to contribute to healthy
industrial relations in accordance with their mandates and responsibilities; the
Employment Administration's effective services to improve working conditions and
environment; the tripartite constituency's effective social dialogue to implement labour
regulations and International Labour Standards (Coyle-Shapiro & Kessler, 2000). Third,
there is a stronger ability to establish and implement social protection policies and
programs, removing obstacles to employment and decent labor for all members of society,

12

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

including the government and social partners (Ahn & Kazepov, 2021), in particular,
closing the gender gap and assisting people with impairments, and carrying out the
National Action Plan to end the worst kinds of child labor (Dessy & Pallage, 2005).
integrated policies and programs for female and male workers; enhanced policies,
institutional structure, and execution of programs to empower and safeguard migrant
workers and Indonesian households (Hartono & Samsuria, 2021).
There will be changes to employment law as a result of Indonesia's membership
in the International Labor Organization. Conventions and recommendations are produced
by the ILO, as previously indicated. Both of these have an effect on India. Unlike the first
policy, the second is meant to guide national policies and activities rather than be adopted
as domestic law and binding for all ILO member countries. The pact has been ratified by
all 192 of the ILO's member states. The convention or suggestion for a session agenda
depends on the scope or context of the subject, as stated in Article 19 paragraph (1) of the
ILO Constitution. Selecting the form as a convention or recommendation requires the
approval of at least two-thirds of delegates (Wijayanti, 2012).
Indonesian law has adopted 19 ILO conventions. It was decided to ratify ILO
Convention 81 on Labor Inspection from 1947. Convention ratification is governed by
Indonesian law. Foreign treaty making and ratification are powers shared equally between
the president and the House of Representatives under the Indonesian Constitution.
According to Article 11, the House of Representatives must give its consent before the
president can declare war or enter into a peace treaty. In addition, the president needs
House approval for any international agreements that will significantly increase the state's
financial obligations or need significant legislative changes. Protocols and Treaties
Ratification of international agreements and conventions is governed by Law 24 of 2000.
The ratification procedure in Indonesia was created by Law 24 of 2000.
Ratification is either done by statute or Presidential Regulation, as outlined in Articles 10
and 11 of Statute 24 of 2000. The Constitutional Court ruled that international agreements
that "cause broad and fundamental consequences for people's lives related to the state's
financial burden and require changes or the establishment of laws" must be ratified by
law (Decision No. 13/PUU-XVI/2018) (Juwana, 2019).
The International Labor Organization's Convention No. 81 on Labor Inspection in
Industry and Commerce was implemented in Indonesia by Law No. 21 of 2003. The
purpose of the International Labor Organization Convention is to ensure that labor laws

13

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

and regulations are enforced and that workers are protected. In addition to ILO
Convention No. 81, international standards should be used in Indonesia's labour
inspections.
To fulfill its obligations as an ILO member, the state is required by Law No. 21
of 2003 to maintain a system of workplace labor inspections, with supervision based on
laws that inspectors are tasked with keeping an eye on, the nature of work performed, the
number and expertise of inspectors, and the format for their written reports.
Some of these establishments are subject to labor inspections in Indonesia. The
monitoring of workers falls under the jurisdiction of the central government, as per the
fourth basic accord. The central government's right to monitor labor, as affirmed by the
ILO Convention and this regulation article, is not in question in Indonesia.
Value shifts that run counter to labor regulations have emerged as the nature of
work has evolved. In order to adapt to the shifting priorities and lifestyles of the business
and commercial sectors, inspection of the labor force is essential (Birmingham, 1969). If
businesses and industries are to comply with the legislation, then the labor control system
must be modified. Therefore, it is the responsibility and duty of the labor supervision
system to ensure compliance with labor laws (Pires, 2021). To guarantee company
continuity and peace of mind to enhance work productivity and workforce welfare, labor
regulation is also meant to keep a balance between the rights and obligations of employers
and workers/laborers (Puspitasari et al., 2022).
Indonesia ratified the ILO Convention to emphasise the need of labour inspection
to balance government, employers, and employees. Indonesia ratified this treaty for four
reasons:
1. monitoring workers is essential for upholding labor laws. The rights of
both employers and employees must be protected by law. Maintaining peace and
order in the workplace improves the well-being and efficiency of all employees.
2. A centralized policy and unbiased labor inspection are necessary for
effective labor regulation.
3. During this time period, the Labour Control Act of 1948, No. 23 of the
Republic of Indonesia, for the whole of Indonesia, and the Occupational Safety
Law of 1970, No. 1, supervised labor oversight. Both laws explicitly do not
infringe on the autonomy of the Labour Inspection profession or of central level
supervision, as required by Articles 4 and 6 of ILO Convention No. 81.

14

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

Employment Law No. 13 of 2003 is strengthened by the ratification of ILO

Convention No. 81 since it increases the power of labor inspection agencies.
4. as a member of the International Labor Organization, Indonesia has a
responsibility to ensure that the International Labor Standards are followed.
As stated in the preamble to the 1945 Constitution, Indonesia has a responsibility
to work toward a "world order based on independence, lasting peace, and social justice"
When all parties involved in the labor market are treated fairly, we have social justice.
Indonesia needs to ratify international accords to ensure social justice. Numerous legal
instruments attest to Indonesia's involvement and participation, from reaffirmation of the
convention to ratification via laws to on-the-ground labor inspections.

4.5 HIERARCHICAL-CENTRALIZED AUTHORITY IN LABOR LAW

Due to their shared political system, the Dutch East Indies and Indonesia both
have labor laws. Only laws enacted by Indonesian parliaments after the country gained
independence from the Netherlands are discussed here. Different employment policies
have been in place in Indonesia at different times since its independence. Law No. 12 of
1948, originating from Indonesia's position as a unified state, was later developed into
law No. 1 of 1951 and declared valid for all of Indonesia; emergency law No. 16 of 1951,
which replaced Military Power Regulation No.1 of 1951 and established the Committee
for the settlement of labour disputes at the central and local levels; and Law No. 21 of
1954, which focuses on trade union-employee labor agreements. The Employment Law
No. 13 of 2003 is the most recent law pertaining to employment in Indonesia.
There were once up to fifteen separate labor regulations, but now there is just one
overarching labor legislation that addresses everything from Industrial Relations Dispute
Settlement to the safety and placement of Indonesian workers overseas.
Some labor provisions controlled by former laws and regulations, such as those
governing colonial products, were eliminated and replaced by the new, comprehensive
labor legislation. This law is an effort to address the profound changes that have occurred
in every facet of Indonesian society since 1998.
In 2003, a new labor law was enacted, which regulates workers through 18
chapters and 192 clauses. From Article 176 to Article 181, Chapter XIV, Supervision,
governs labor inspection. Article 176 stipulates that inspectors of labor conditions must
be competent and unbiased in their duties.

15

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

The Department of Labor Inspection is governed by Article 178. Each level of

government has its own labor inspection agency: federal, provincial, and local.
Presidential Decree mandates the conduct of labor inspections. Hierarchical labor
inspection is evident in the President's ability to carry it out, yet centralized central
governance is also present.
This hierarchical structure, which is typically more centralized, is best illustrated
by the need that provincial and district/city governments' labor inspection work units
report on labor inspection implementation to the Minister. The Minister in question is the
President's appointee to head up labor inspections.
The rules of labor monitoring contain a centralized policy whose principal purpose
is to protect workers, and this policy is a reflection of the government's legal policy
(Collins, 2010). The purpose of labor law is to ensure that workers are treated fairly and
that their services are provided in accordance with the needs of national and regional
development; to safeguard workers as they generate prosperity; and to enhance the quality
of life for workers and their families (Davidov & Langille, 2006). The policy of the
federal government towards labor inspections will be accommodating to local
governments.
The regulation of labor conditions by labour law is more likely to take a
conventional form as a legal product. Concerned about Mahfud MD, Marryman defines
an Orthodox product as one that is governed by institutions in which the state is the major
executive power. It's not just a technicality that gives the government leeway in orthodox
legal systems; it's also the ability to generate many interpretations using complex rules
based on a unilateral government standpoint. When it comes to regulating according to
the government's vision and political authority, orthodox legal goods often supply brief
substance and points (Charda, 2015).

4.6 NEW NORMS IN THE LOCAL GOVERNMENT ACT

Many ratified multinational, international, and bilateral accords and conventions
face implementation challenges due to cultural differences. This is made feasible by the
harmonization of laws and policies across the country. This problem originates with
Indonesia's centralized government. In Indonesia, local governments enjoy widespread
respect. Even with the reform, disagreements remain concerning who has jurisdiction
over which aspects of governance at the federal, provincial, and municipal levels. The

16

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

regions are pushing for a federal or decentralized system of government. Under Article
18's "soul integrity" clause, Indonesia opted for full independence (Rahmi, 2009). When
a region has regulatory and administrative authority over itself, it is said to be
autonomous. In Indonesia, regional autonomy is governed under the Local Government
Act. The implementation of local government was modified by Law No. 23 of 2014.
Modifications to Labor Standards Inspection. Laws 3 and 21 of 2003, which dealt with
employment and labor regulation, were indirectly impacted by this law.
The categorization of objects is optional under Act No. 23 of 2014. Provincial
government labor inspection issues are impacted by the classification process. The
provincial government's authority is discussed in the Labour Annex to the provincial
statute on government administration.
Since both the federal and provincial governments have a stake in the
effectiveness of their respective labor inspectorates, they will work together to raise
standards across the country.(Purnama, 2016) This justification begs the question of how
effective labor inspection actually is, which further complicates the process of ensuring
workers' basic rights are respected. The majority of the population and businesses are
located in the districts and cities. The province government's jurisdiction for labor
inspections is incorrect, given the location and dispersion of Indonesia's labor problems.
There is a delegation of labor inspection. By law, more senior government
officials hand off responsibility to their subordinates. When authority is passed down
from higher government entities and officials to lower ones, and the delegatee accepts
full responsibility and obligation, this is called a delegation.
Today, authority is distributed by statute and regulation. Delegation is the means
by which government institutions and officials get power (Sirajuddin, 2016): First, it is a
delegation of authority from one government agency or official to another; second, it is
required by federal, state, or municipal law; and third, it already exists or has been granted
in the past.

4.7 FORMULATION OF FUTURE LABOR SUPERVISION ARRANGEMENTS

The regulatory procedure, from which labor inspections are derived, has not yet
resolved all labor difficulties. Since the inception of labor law has made inspection
hierarchical and centralized, the central government controls the provisions that regulate
labor inspection, as evidenced by ILO Convention No. 81 of 1947 and Law No. 24 of

17

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

2000 concerning the ratification of the ILO Convention, until the inception of the Local
Government law gave full authority to inspection by the provincial government, reflecting
the clash of complex laws.
However, there are only provincial labor inspectors despite the fact that workers
in the Regency/City region are more attuned to and impacted by labor demands and
difficulties. It's a major problem since this personnel supervisor only has 10 individuals
per region to manage facilities that are far from the province government's headquarters.
There are only a few of labor inspectors at the regional level. Workers' rights will not be
fully realized, and numerous labor rules will not be enforced to their full potential, if the
complexity of labour inspection issues, which are not only in the context of regulation but
also contribute to its implementation, is not addressed or handled.
It was necessary to create a new policy to address the employment problem in
order to overcome these obstacles. In this instance, it is the design of labor law policies
that is in question. It is important to keep the time frame and political reality of public
policy making apart from the topic under study.(Fischer & Miller, 2017) Because the next
public policy will always be a weak link in the industry if we don't consider the political
realities of the whole policy-making process.(Hessing & Summerville, 2005) When
attempting to develop a public policy product that is missing key aspects from the field,
inevitable problems will arise. It is also important to keep in mind that its role in public
policy is always fraught with political considerations. The success or failure of following
public policy decisions is largely dependent on what occurs during the initial phase, which
is public policy development.
Therefore, extra care must be used in the creation of this public policy. The
success of any public policy plan hinges on its actual implementation and evaluation.
Many decision-makers mistakenly believe that a conceptual description making decisive
and normative claims constitutes a good policy formulation. Reasonableness and
practicality are hallmarks of sound public policy. Including specifics about the policy
challenges that actually exist in the location might help the policy description match the
normative ideal value more closely.
Policymaking is of paramount importance. Charles Lindblom and other
researchers argue that knowing the official and non-official actors involved in making
policy is essential to understanding the policy creation process. Charles Lindblom argues
that in order to establish who determines policy decisions, it is necessary to have a

18

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

thorough understanding of the roles and responsibilities of all relevant parties. Lindblom
argues that everyone from average individuals to heads of state, legislators, activists,
bureaucrats, professionals, and business managers all have important parts to play
(Bintari & Pandiangan, 2016).
How an issue, particularly a public concern, is brought to the attention of
policymakers, how specific problems are addressed, etc., will all have a role in the
development of policies. Finding a Good Answer to a Public Problem.
1. Issues must be recognized, an agenda must be framed, a problem must be
formulated, and finally, a policy must be designed.
2. By keeping an eye out for and keeping track of any shifts in both the
internal and exterior surroundings, problem identification entails not just
recognizing and understanding the problem, but also mapping it. Not all public
concerns that motivate people to think critically and seek solutions are policy
challenges (only those that motivate people to take action do so). Therefore, it is
crucial that a public problem can become a policy problem; it is not enough just
to be lived by many people as a problem; the public must also have the political
will to fight for the general problem to become a policy problem, and, more
importantly, must also receive a positive response from policymakers.
3. The term "agenda setting" or "agenda preparation" is commonly used to
indicate anything that is considered public and requires action. A meeting's agenda
is the set of topics that will be discussed and debated. An issue in society prompts
the government to formulate a plan of action to address the matter. This issue can
be framed as a public concern for a number of reasons: it affects a sizable number
of people, it has been recognized as such by both the legislative and executive
branches and by observers, and it has a clear solution that can be understood by
the general public.
4. Problems with public policy formulation are the focus of this research. In
the fourth place, we have the process of making public policy in response to
generated policy problems (legal difficulties) and the subsequent search for
remedies in the form of what public policies should be implemented. Examining
the policy dilemma helps determine the best course of action.
By re-establishing labor inspection arrangements that are centralized but also
hierarchical but not hierarchical from district/city government, the author argues, the

19

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

central government, in this case the Ministry of Manpower and Transmigration, can
standardize labor inspection across the country. The provincial government is the last
rung on the political ladder before the federal government. Because of this, the author's
plan is to bypass intermediate levels of government entirely and go straight from the
district/city level to the federal government and then to the relevant ministries. The issue
of employment and labor law enforcement is more widespread in practice in this region,
therefore labour inspectors at the district/city level will be more effective, which is why
supervision at the district/city level has been confirmed. However, the power of the
central government is unclear because it must manage the entire Indonesian labor issue
to ensure that all government policies are consistent with one another and do not lead to
contradictions.
The issue of employment and labor law enforcement is more prevalent in this
region, therefore the confirmation of supervision at the district/city level. This will make
district/city-level labor inspectors more efficient. Meanwhile, the central government's
authority is murky since it takes the central government to handle the entire Indonesian
labor crisis in a way that ensures the government's many solutions are coherent and
unique.

5 CONCLUSIONS
Essential to the enforcement of labor legislation and the maintenance of worker
security is the institution of labor supervision. ILO Convention No. 81 of 1947 affirms
the authority of labor supervision, and the government of Indonesia ratified this
convention in Law No. 21 of 2003 on the ratification of ILO Convention No. 81 years in
which the central government in control of labor inspection becomes problematic with
the birth of the labor law that provides authority that is centralistic-hierarchical and
increasingly complex with the delivery of the local government law that confirms the
authority of the central government.
Many word problems that must be enforced until the lack of existing resources at
the local level labour inspection should be resolved with a, but also pay attention to the
needs that exist in the area so that the formulation of future policies is with the supervising
labor inspectors at the provincial level due to the distribution of such a large area.

20

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

REFERENCES

Adewumi, F., & Adenugba, A. (2010). The State of Workers Rights in Nigeria: An
Examination of the Banking, Oil and Gas, and Telecommunication Sectors. FES Nigeria.

Ahn, B., & Kazepov, Y. (2021). Between protection and activation: Shifting institutional
arrangements and ‘ambivalent’labour market policies in Vienna. In Vienna (pp. 85–98).
Routledge.

Alli, B. O. (2008). Fundamental principles of occupational health and safety Second

edition (Vol. 15). International Labour Organization.

Alnumani, N. J. N. (2023). The Legal Nature of Pre-Contract Negotiations. Journal of

Law and Sustainable Development, 11(6), e1227–e1227.
https://doi.org/10.55908/sdgs.v11i6.1227

Alston, P. (2004). ‘Core Labour Standards’ and the Transformation of the International
Labour Rights Regime. European Journal of International Law, 15(3), 457–521.
https://doi.org/10.1093/ejil/15.3.457

Barker, R., & Cheney, G. (2009). The concept and the practices of discipline in
contemporary organizational life. Communication Monographs, 61(1), 19–43.
https://doi.org/10.1080/03637759409376321

Bintari, A., & Pandiangan, L. H. S. (2016). Formulasi Kebijakan Pemerintah Tentang

Pembentukan Badan Usaha Milik Daerah (Bumd) Perseroan Terbatas (Pt) Mass Rapid
Transit (Mrt) Jakarta Di Provinsi Dki Jakarta. Cosmogov. Jurnal Ilmu Pemerintahan
ISSN, 2442, 5958.

Birmingham, R. L. (1969). Breach of Contract, Damage Measures, and Economic

Efficiency. Rutgers Law Review, 24, 273.
https://heinonline.org/HOL/Page?handle=hein.journals/rutlr24&id=283&div=&collecti
on=

Blau, P. M. (1970). A formal theory of differentiation in organizations. American

Sociological Review, 35(2), 201–218. https://doi.org/10.2307/2093199

Boix, C. (1998). Political parties, growth and equality: Conservative and social
democratic economic strategies in the world economy. Cambridge University Press.

Charda, S. (2015). Karakteristik Undang-Undang Ketenagakerjaan Dalam Perlindungan

Hukum Terhadap Tenaga Kerja. Jurnal Wawasan Yuridika, 32(1), 1–21.
http://dx.doi.org/10.25072/jwy.v32i1.86

Collins, H. (2010). Employment Law. Oxford University Press.

Cooper, C. D., & Kurland, N. B. (2002). Telecommuting, professional isolation, and

employee development in public and private organizations. Journal of Organizational
Behavior, 23(4), 511–532. https://doi.org/10.1002/job.145

21

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

Coyle-Shapiro, J., & Kessler, I. (2000). Consequences Of The Psychological Contract For
The Employment Relationship: A Large Scale Survey*. Journal of Management Studies,
37(7), 903–930. https://doi.org/10.1111/1467-6486.00210

Davidov, G., & Langille, B. (2006). Boundaries and Frontiers of Labour Law: Goals and
Means in the Regulation of Work. Bloomsbury Publishing.

de la Cruz, H. G. B. (1994). International Labour Law: Renewal or Decline. International

Journal of Comparative Labour Law and Industrial Relations, 10, 201.
https://heinonline.org/HOL/Page?handle=hein.kluwer/cllir0010&id=203&div=&collecti
on=

Dessy, S. E., & Pallage, S. (2005). A theory of the worst forms of child labour. The
Economic Journal, 115(500), 68–87. https://doi.org/10.1111/j.1468-0297.2004.00960.x

Elson, D., & Cagatay, N. (2000). The Social Content of Macroeconomic Policies. World
Development, 28(7), 1347–1364. https://doi.org/10.1016/S0305-750X(00)00021-8

Fischer, F., & Miller, G. J. (2017). Handbook of Public Policy Analysis: Theory, Politics,
and Methods. Routledge.

Graham, J., Amos, B., & Plumptre, T. W. (2003). Governance principles for protected
areas in the 21st century. Institute on Governance, Governance Principles for Protected
Areas Ottawa ….

Hartono, D., & Samsuria, I. K. (2021). Legal protection of Indonesian migrant workers:
International law, National regulations and contemporary problems. International
Journal of Criminology and Sociology, 10, 859–865.

Hessing, M., & Summerville, T. (2005). Canadian Natural Resource and Environmental
Policy, 2nd edition. UBC Press.

Hughes, S. (2005). The International Labour Organisation. New Political Economy,

10(3), 413–425. https://doi.org/10.1080/13563460500204324

Isermann, R. (1997). Supervision, fault-detection and fault-diagnosis methods—An

introduction. Control Engineering Practice, 5(5), 639–652.
https://doi.org/10.1016/S0967-0661(97)00046-4

Johnson, M. R., & Woodcock, J. (2021). Work, play, and precariousness: An overview of
the labour ecosystem of esports. Media, Culture & Society, 43(8), 1449–1465.
https://doi.org/10.1177/01634437211011555

Juwana, H. (2019). Kewajiban Negara dalam Proses Ratifikasi Perjanjian Internasional:

Memastikan Keselarasan dengan Konstitusi dan Mentransformasikan ke Hukum
Nasional. Undang: Jurnal Hukum, 2(1), Article 1. https://doi.org/10.22437/ujh.2.1.1-32

Kadarisman, M. (2012). Manajemen pengembangan sumber daya manusia (Vol. 2).

Rajawali Pers.

22

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

Kelly, Erin. L., & Kalev, A. (2006). Managing flexible work arrangements in US
organizations: Formalized discretion or ‘a right to ask.’ Socio-Economic Review, 4(3),
379–416. https://doi.org/10.1093/ser/mwl001

Kemenperin: Refleksi Tujuh Tahun Pemerintahan Presiden Joko Widodo Dalam

Pembangunan Industri Manufaktur. (2021).
https://kemenperin.go.id/artikel/22893/Refleksi-Tujuh-Tahun-Pemerintahan-Presiden-
Joko-Widodo-Dalam-Pembangunan-Industri-Manufaktur.

Kim, K. (2021). Indonesia’s restrained state capitalism: Development and policy

challenges. Journal of Contemporary Asia, 51(3), 419–446.
https://doi.org/10.1080/00472336.2019.1675084

Michaelson, C., Pratt, M. G., Grant, A. M., & Dunn, C. P. (2014). Meaningful Work:
Connecting Business Ethics and Organization Studies. Journal of Business Ethics,
121(1), 77–90. https://doi.org/10.1007/s10551-013-1675-5

Muhid, H. K. (2021). 11 Juni 1950 Indonesia Gabung Organisasi Buruh Internasional

ILO, ini Alasannya—Nasional Tempo.co. https://nasional.tempo.co/read/1471358/11-
juni-1950-indonesia-gabung-organisasi-buruh-internasional-ilo-inialasannya

Niu, S. (2010). Ergonomics and occupational safety and health: An ILO perspective.
Applied Ergonomics, 41(6), 744–753. https://doi.org/10.1016/j.apergo.2010.03.004

Perdana, S. (2023). The Government as the Intermediate in the Settlement of Labor

Disputes in Indonesia. Journal of Law and Sustainable Development, 11(6), e1225–
e1225. https://doi.org/10.55908/sdgs.v11i6.1225

Philipus, M. H. (1987). Perlindungan Hukum Bagi Rakyat Indonesia (Vol. 25). Bina Ilmu.

Pires, R. (2021). Governing labour regulations in the future of work: Lessons from labour
inspection in Brazil. In The Governance of Labour Administration (pp. 91–112). Edward
Elgar Publishing.
https://www.elgaronline.com/display/edcoll/9781802203141/9781802203141.00013.xm
l

Purnama, B. E. (2016). Pengalihan Kewenangan Pengawasan Ketenagakerjaan ke

Pemprov Terus Dilakukan. Mediaindonesia.com.
https://mediaindonesia.com/ekonomi/64251/pengalihan-kewenangan-pengawasan-
ketenagakerjaan-ke-pemprov-terus-dilakukan

Puspitasari, D., Syahputra, D. Y., Setyaningrum, E. D., Oetomo, M. D. B., Utomo, T. P.,
& Shurur, O. D. M. (2022). Principles of Labor Law. Proceeding International
Conference Restructuring and Transforming Law, 23–30.
https://proceedings.ums.ac.id/index.php/icrtlaw/article/view/1221

Quinn, J. B., & Hilmer, F. G. (1994). Strategic Outsourcing. MIT Sloan Management
Review, 35(4), 44.
https://www.proquest.com/openview/b40046da33ff1c364aaa3a81ba23237a/1?pq-
origsite=gscholar&cbl=26142

23

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
 Rahman, Y. M., Furqoni, S., Mucharom, R. S., Jaya, B. P. M., Iskandar, T. (2023). Analysis of
Non-Conformities in Labor Inspection Regulations in Indonesia: a Multi-Level Study Based on
Article 178 of The Labor Law

Rahmi, E. (2009). Tarik menarik antara desentralisasi dan sentralisasi kewenangan

pemerintah daerah dalam urusan pertanahan. Jurnal Hukum Ius Quia Iustum.

Rodgers, G., Lee, E., Swepston, L., & Van Daele, J. (2009). The International Labour
Organization and the Quest for Social Justice, 1919-2009.
https://ecommons.cornell.edu/handle/1813/74152

Rusli, H. (2004). Hukum ketenagakerjaan, 2003. Ghalia Indonesia.

Santoso, B. (2019). PENERBITAN KEPUTUSAN PENDAFTARAN PERJANJIAN

KERJA BERSAMA YANG ISINYA BERTENTANGAN DENGAN PERATURAN.
Arena Hukum, 12(3), Article 3. https://doi.org/10.21776/ub.arenahukum.2019.01203.3

Sen, A. (2000). Work and Rights. International Labour Review, 139, 119.
https://heinonline.org/HOL/Page?handle=hein.journals/intlr139&id=127&div=&collecti
on=

Sendjun, M. (2001). Pokok-Pokok Hukum Ketenagakerjaan di Indonesia. Rineka Cipta.

Sirajuddin. (2016). Hukum administrasi pemerintahan daerah: Sejarah, asas,

kewenangan, dan pengawasan penyelenggaraan pemerintahan daerah. Setara Press.

Stiglitz, J. E. (2002). Employment, social justice and societal well-being. International

Labour Review, 141(1–2), 9–29. https://doi.org/10.1111/j.1564-913X.2002.tb00229.x

Tjandraningsih, I. (2009). Development of Child Labor Policy in Indonesia. In The World

of Child Labor. Routledge.

Von Richthofen, W. (2002). Labour inspection: A guide to the profession. International

Labour Organization.

Wantu, F. M., Muhtar, M. H., Putri, V. S., Thalib, M. C., & Junus, N. (2023).
EKSISTENSI MEDIASI SEBAGAI SALAH SATU BENTUK PENYELESAIAN
SENGKETA LINGKUNGAN HIDUP PASCA BERLAKUNYA UNDANG-UNDANG
CIPTA KERJA. Jurnal Bina Hukum Lingkungan, 7(2), 257–289.
https://doi.org/10.24970/bhl.v7i2.342

Widiarto, A. E., Safa’at, M. A., & Wibowo, M. (2018). Pemaknaan Norma Hak Asasi
Manusia Dalam Uud 1945 Berdasarkan Putusan Mahkamah Konstitusi. Arena Hukum,
11(2), 378. http://dx.doi.org/10.21776/ub.arenahukum.2018.01002.8

Wijayanti, A. (2012). Sinkronisasi Hukum Perburuhan Terhadap Konvensi ILO. Karya

Putra Darwati.

24

Miami| v.11, n. 10| pages: 01-24| e01257 |2023. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT