Regulatory–Human Rights Tensions in Indonesia’s Labour Governance

Abstract

This study examines the conflict between economic regulation and human rights protection in Indonesia’s labor sector, particularly following major reforms under the Labor Law and the Job Creation Law, as well as their amendments up to 2024. Using a normative juridical method, the research evaluates the coherence between legal norms and industrial relations practices and analyzes how labour market flexibilization affects workers’ certainty and protection. Findings indicate persistent implementation challenges, including regulatory inconsistencies, uneven regional application, and limited institutional enforcement capacity. Additionally, emerging forms of work, such as the gig economy, create new layers of vulnerability that remain insufficiently addressed within the existing legal framework. The study highlights the need for regulatory harmonization, stronger labour inspection mechanisms, and updated legal concepts of employment to ensure that economic development goals do not compromise fundamental labour rights. The research addresses two central questions: the implementation of existing labour protection regulations and the specific urgent challenges hindering the alignment of economic policy with human rights obligations.