Yuridika

Legal Protection for Gig Workers: A New Business Imperative in the Transportation Sector

Tue, 30 Sep 2025 00:00:00 +0700

Studies on the gig economy and the legal status of its workers have proliferated in recent years. However, there is still much to be learned about how to regulate this relatively new job market. The government has made efforts to support e-hailing and p-hailing workers, particularly regarding social security. For example, they introduced a voluntary contribution plan under the Employees' Provident Fund for retirement savings and the Self-Employment Social Security Scheme, which offers some protections for work-related injuries. Despite these efforts, they appear to be insufficient and ineffective due to the absence of an appropriate regulatory body overseeing these workers' issues. This article argues for the imperative need for a governing legal framework to address e-hailing and p-hailing workers' rights and prevent Platform Providers from exploiting workers' livelihoods due to the absence of laws. The research employs both doctrinal and qualitative research methods, including interviews using a semi-structured approach. A total of 10 respondents were interviewed for this research. The findings suggest that a solid legal framework, including specific laws and regulatory bodies, is essential to govern the e-hailing and p-hailing ecosystem.

Deposit Guarantee Institutions In Microfinance Institutions In Indonesia: A Hope?

Trisadini Prasastinah Usanti, Yuniarti Yuniarti, Prawitra Thalib — Tue, 30 Sep 2025 00:00:00 +0700

This research aims to analyze the depositors of funds’ legal protection in MFI through the existence of the Deposit Insurance Corporation. This legal research uses a statutory approach and a conceptual approach. The establishment of a Deposit Insurance Corporation in Microfinance Institutions has been mandated since 2013 in the Microfinace Institutions act which aims to guarantee the deposits of MFI members and communities, but until the promulgation of the Financial Sector Development and Strengthening Act has not been formed. Provisions on preventive protection for depositors of funds in MFI even though they have been regulated in the Microfinance Institutions Act, the Financial Sector Development and Strengthening Act as well as POJK 10/2021 and POJK 19/2021, however the existence of the Deposit Insurance Corporation at Microfinance Institutions is still needed as the existence of the Deposit Insurance Corporation that guarantees deposits at banks. The existence of a Deposit Insurance Corporation in Microfinance Institutions is very important in order to ensure the payment of deposits from members and the public if the Microfinance Institution is revoked its license by the Financial Services Authority and to maintain the trust of members and the public. Due to the lack of position the depositor of funds in Microfinance Institutions is only a concurrent creditor so that potentially deposits are not fully paid.

Tracing the Idea of the Social Function and Its Practice in Several Countries

Ananda Prima Yurista, Nurhasan Ismail — Tue, 30 Sep 2025 00:00:00 +0700

The idea and regulation of the social function are contained in Law No. 5 of 1960 on Basic Regulations on Agrarian Principles (Basic Agrarian Law–BAL) in order to realize welfare for the people. The concept of the social function was developed by Leon Duguit. The concept of the social function is not an idea that has only developed in Indonesia; it has been applied in several countries, including Brazil, the United States, Colombia, Chile, and Mexico. Based on this, it is interesting to examine the development of the idea of social functions in several countries so that it can then be used as a lesson learned for the development of the idea of social functions by using legal research methods, in the form of normative juridical methods. One of the findings in this article is that the regulation of social functions over property in Brazil, Colombia Chile, and Mexico is regulated in the constitution, and then further regulated in the Civil Code, which is equivalent to a law. In contrast, when tracing the regulation of social functions in the United States, the term used is social obligation, and the regulation of social obligations is enshrined in jurisprudence. The method of approach used is normative juridical.

Prevailing Cases of Lawyers' Liability in The Conduct of Cases a Case for Prefessional Indemnity

Peter Ikechukwu Gasiokwu, Ugochukwu Godspower Ehirim — Tue, 30 Sep 2025 00:00:00 +0700

Every profession has peculiar risks and liabilities attaching it. The legal profession and indeed the advocate is not exempt from the prescribed duty of care in his relationship with his clients. This has become so imperative in the face of globalized legal practice in the 21st century that the advocate may bear personal costs in the course of his duty. This article attempts to re-visit the controversy over liability of legal practitioners, particularly litigation lawyers in Nigeria. The common law, as well as the statutory rationale for lawyers' liability is highlighted. A critical analysis of award of costs by the courts on individual lawyers in most recent times is made. Evaluating the trend, it is argued that while a lawyer might be validly liable in the tort of negligence to his client for ‘crass carelessness', imposing prohibitive costs on advocates for daring to push novel or unpopular positions in court, without more, would not help the development of the rule of law in Nigeria. These class of cost orders if enforced religiously against counsel would have the negative effect of keeping victim-lawyers out of practice. In the light of the foregoing, a case is made for mandatory professional indemnity for litigation lawyers to cater for unfortunate costs and to ensure that a lawyer does not compromise his professional ethos for fear of intimidating cost liabilities