Legal Implications for Absentee Workers in the Oil and Gas Industry Under Indonesian Labor Law

Legal Implications for Absentee Workers in the Oil and Gas Industry Under Indonesian Labor Law Author: Usman Arifin M, SH. MH. Labor Law Consultant, Industrial Relations Practitioner, Founder of USALawfirm Alumnus of the Master of Law Program, Faculty of Law, University of Indonesia (Labor Law Concentration) ABSTRACT The oil and gas industry is characterized by high-risk working conditions and unique employment systems such as rotational shifts and remote site assignments. Unauthorized absenteeism in this sector not only impacts productivity but may also compromise team safety. This article analyzes the legal consequences faced by workers in the oil and gas sector who are absent without leave, based on Law No. 13 of 2003 on Manpower and its amendment through Law No. 11 of 2020 (Job Creation Law), as well as Government Regulation No. 35 of 2021. A normative legal approach is employed to evaluate the roles and legal responsibilities of both employers and workers in absenteeism cases, including the lawful and fair procedures for employment termination. Keywords: absenteeism, oil and gas industry, termination of employment, employment relationship, labor law ________________________________________ CHAPTER I – INTRODUCTION Background, As a vital national sector, the oil and gas industry operates under stringent systems in terms of safety, working hours, and operational responsibility. Employees in this sector often follow specific work patterns such as 14/14 or 28/14 day rotations at remote sites, typically located in designated oil and gas working areas far from residential settlements. In such conditions, unauthorized absence or absenteeism can disrupt operational schedules, delay production, and pose safety risks to the team. Absenteeism is not merely a disciplinary violation; it may incur legal sanctions, including employment termination. Therefore, it is essential for both employers and workers in the oil and gas industry to understand the legal grounds and procedures for handling unauthorized absences. Problem Formulation • What are the legal provisions concerning absenteeism in the oil and gas industry? • What are the legal implications and responsibilities of companies in addressing absenteeism? • How is lawful employment termination implemented in the oil and gas sector? Research Objectives • To analyze the legal basis of worker absenteeism in the oil and gas industry • To explain the procedures for lawful summons and termination • To assess the legal responsibilities of both parties in absenteeism cases CHAPTER II – LEGAL FRAMEWORK AND THEORETICAL BASIS Definition of Absenteeism in the Oil and Gas Context, Absenteeism in the oil and gas industry may include failure to appear for scheduled rotation, failure to return to the site after an off-period, or absence from work without prior notice. Given the strictly regulated nature of work (e.g., shift work involving critical equipment), absenteeism can lead to workforce imbalances and endanger operations. Legal Basis • Article 168 of Law No. 13/2003 in conjunction with Law No. 11/2020: Workers who are absent for 5 consecutive days without valid explanation are considered to have resigned voluntarily. • Government Regulation No. 35/2021: If a worker is deemed to have resigned due to absenteeism, the employer is not obliged to pay severance compensation. • Special Regulations in the Oil and Gas Industry: Provisions within PSCs (Production Sharing Contracts) and site-based employment agreements. Contractual Responsibility and Industrial Relations Theory, Under the theory of employment agreements, attendance is an essential obligation of the worker. Absence without a valid reason may be classified as a breach of contract (default). In the oil and gas sector, the operational risk theory further justifies the employer's swift response to disciplinary violations. CHAPTER III – DISCUSSION Absenteeism Handling Procedures in the Oil and Gas Industry Legal measures available to oil and gas companies include: 1. Attendance verification by HR Site & Operations Supervisors 2. Issuance of two formal summons (via email and hard copy if possible) 3. Documentation (Logbook, e-attendance system) 4. Evaluation of potential force majeure (serious illness, accidents, site access issues) 5. If no response is received, employment termination on grounds of voluntary resignation may proceed Case Study Example Case Study 1 – PT ABC Migas (2023) A technician was absent for a full 14-day rotation without explanation. The company issued two formal summons delivered via courier with proof of receipt, requesting the employee to clarify the absence. The worker ignored the summons and did not return. As a result, the company terminated the worker’s employment without severance, only compensating for unused leave. The worker filed a lawsuit with the Industrial Relations Court (PHI) via the local District Court, but the claim was rejected, as the termination procedure was deemed lawful. Legal Protection for Workers Although employers have the right to terminate employment, workers retain the right to: • Prove the absence was due to an emergency • Argue that the summons was not properly delivered • Present a valid reason for the absence (e.g., force majeure) A lawsuit may be filed with the Industrial Relations Court under Article 151 of Law No. 13/2003 if the worker believes the termination was unlawful. CHAPTER IV – CONCLUSION Conclusion, In the oil and gas industry, absenteeism is a serious violation that can disrupt operations and compromise safety. Consequently, the law permits employers to terminate workers following proper procedures in accordance with Article 168 of the Manpower Law. However, workers’ rights must still be respected, including their right to defend themselves if there is a valid reason for the absence. Recommendations • Employers in the oil and gas sector must include absenteeism provisions in company regulations and employment contracts • Internal Standard Operating Procedures (SOPs) should outline the steps for summons and termination • Regular socialization is necessary to educate oil and gas workers about the legal consequences of absenteeism, especially in safety-critical operations REFERENCES 1. Law No. 13 of 2003 on Manpower 2. Law No. 11 of 2020 on Job Creation 3. Government Regulation No. 35 of 2021 on Fixed-Term Employment, Working Time, and Termination 4. PT Chevron Pacific Indonesia Company Regulation, SKK Migas Guidelines 5. Oki Wahju Budijanto, Labor Law and Termination of Employment, De Jure Journal, 2018 6. Jakarta Industrial Relations Court Decision No. 125/PHI.G/2022/PN JKT.PST 7. BP Indonesia HR Guide – Field Operational Handbook (2022).

“Perlindungan Hukum terhadap Pekerja Alih Daya di Perusahaan Migas: Implementasi PP Nomor 35 Tahun 2021 tentang Alih Daya dan PHK”

“Perlindungan Hukum terhadap Pekerja Alih Daya di Perusahaan Migas: Implementasi PP Nomor 35 Tahun 2021 tentang Alih Daya dan PHK” Penulis: Usman Arifin M Konsultan Hukum Ketenagakerjaan / Praktisi Human Capital/ Founder USALawfirm / Alumni Magister Ilmu Hukum Program Hukum Ketenagakerjaan Fakultas Hukum Universitas Indonesia Abstrak, This study examines the legal protection afforded to outsourced workers in the oil and gas industry within the context of the implementation of Government Regulation (PP) Number 35 of 2021, which governs Fixed-Term Employment Agreements (PKWT), outsourcing, and termination of employment (PHK). A normative-juridical research method is employed to analyze relevant regulations, court decisions, and field practices. The findings indicate that, although PP No. 35 provides a legal framework for a maximum contract duration of five years and compensation for termination (including severance pay, long service awards, and compensation for entitlements), several challenges remain. These include ambiguous definitions, limited administrative sanctions, and obstacles in protecting workers during the transfer of company assets in the oil and gas sector. The study recommends refining regulatory definitions, strengthening oversight mechanisms, and enhancing the enforcement of workers’ rights through mediation and litigation. Penelitian ini membahas perlindungan hukum kepada pekerja alih daya di industri migas dalam konteks implementasi PP Nomor 35 Tahun 2021 yang mengatur PKWT, alih daya, dan PHK. Metode penelitian normatif-yuridis digunakan untuk menganalisis regulasi, putusan pengadilan, dan praktik di lapangan. Hasil menunjukkan bahwa, meskipun PP 35 memberikan dasar hukum ketentuan durasi kontrak maksimal lima tahun dan kompensasi PHK (uang pesangon, penghargaan masa kerja, penggantian hak), masih terdapat berbagai tantangan: definisi yang multitafsir, minimnya sanksi administratif, dan kendala perlindungan dalam alih aset perusahaan migas. Rekomendasi diarahkan pada perbaikan definisi regulasi, pengawasan yang lebih ketat, serta upaya penegakan hak pekerja melalui mediasi dan litigasi. This study examines legal protection for outsourced workers in the oil and gas industry within the context of implementing Government Regulation No. 35 of 2021, which governs Fixed-Term Employment Agreements (PKWT), outsourcing, and termination of employment (PHK). A normative‑juridical research method is employed to analyze regulations, court decisions, and practical field implementation. The findings show that although PP No. 35 provides a legal basis for a maximum contract duration of five years and compensation for termination (including severance pay, long-service awards, and other entitlement compensations), several challenges remain. These include ambiguous definitions, minimal administrative sanctions, and protection gaps during the transfer of assets in oil and gas companies. The study recommends refining regulatory definitions, strengthening oversight mechanisms, and promoting enforcement of workers' rights through mediation and litigation. Introduction This section outlines the background: the widespread use of outsourcing in the oil and gas sector, the status of outsourced workers under PKWT/PKWTT contracts, and the risk of unilateral termination by either the outsourcing provider or the user company. Using a normative‑juridical approach, the study reviews both the regulatory framework and its implementation, as well as the relevant decisions of the Industrial Relations Court (PHI). Theoretical & Regulatory Framework Law No. 13 of 2003: foundational regulations on employment relationships (Article 1(1)), outsourcing (Articles 59–60), and termination of employment (Articles 151–158). Government Regulation No. 35 of 2021 (effective since 2 February 2021): regulates PKWT, outsourcing, and PHK, including contract validity, compensation provisions, and legal requirements for outsourcing: Articles 18–20 stipulate that labor procurement through outsourcing must use written PKWT/PKWTT contracts, define the responsibilities of the outsourcing company, and protect workers through mechanisms such as TUPE (transfer of employment rights). Article 40 establishes the scheme for calculating severance pay, long-service awards, and compensation for entitlements in cases of termination. Articles 56–57 govern termination due to efficiency, retirement age, and urgent reasons, as well as the rights to compensation or severance. A notable weakness of the regulation is the absence of clear sanctions for both outsourcing service providers and user companies, as well as ambiguous definitions of “urgent reasons” for termination. Additionally, Law No. 11 of 2020 (Job Creation Law) is relevant, particularly in relation to outsourcing, complementing the implementation of PP No. 35/2021. Conditions of Outsourced Workers in the Oil and Gas Sector Outsourced workers in this sector typically have PKWT contracts and are not directly employed by the user company. Key issues include reduced pay, insufficient oversight of safety and work standards, and lack of transfer of performance records when the outsourcing provider changes. Implementation of PP No. 35/2021 in Practice PHI Kendari Decision No. 10/Pdt.Sus‑PHI/2021 (6 September 2021): The user company terminated employment due to retirement age, and the court ruled for severance pay equivalent to 1.75 times the normative calculation under Article 40(1)–(3) of PP No. 35/2021. RSPP–Pertamina Central Hospital case (2021): The PHI ordered the cessation of outsourcing practices due to lack of formal licensing, ruling that the workers should have been directly employed by the user company. Supreme Court Decision 1438 K/Pdt.Sus‑PHI/2017 and decisions from PN Manado and PN Surabaya established precedents requiring employment relationships to transfer to the user company if the outsourcing arrangement is illegal. Discussion Implementation of PP No. 35/2021 demonstrates improved credibility in limiting PKWT duration and establishing PHK processes, based on research findings and PHI rulings on outsourcing. The PHI Kendari decision (No. 10/Pdt.Sus PHI/2021) is a notable example, enforcing severance pay and residual rights for outsourced workers per the regulation. Academic journals (e.g., Anatami) further explore the obligations of outsourcing companies regarding working hours and overtime in line with PP No. 35/2021. Analysis & Challenges Key challenges in oil and gas outsourcing include: Overlapping regulations and ambiguous definitions of what constitutes an “urgent reason” for termination. Weakness of enforcement: no clear administrative or criminal sanctions for violating parties and inadequate formal oversight (e.g., contract registration, licensing). Implementation issues during asset or contract transfers—outsourced workers may be terminated before their PKWT ends, and there is no requirement to transfer their employment status to the new entity. Recommendations Clarify the definition of “urgent reason” and specify legitimate criteria for PHK. Strengthen administrative and criminal sanctions for user companies and outsourcing providers that violate worker rights. Enhance supervision by the Ministry of Manpower and BPJS, including online contract registration and regular audits. Ensure effective TUPE implementation: outsourcing companies must maintain continuous employment relationships during the transition of service providers, as mandated in Article 19 of PP No. 35/2021. Facilitate workers’ access to mediation and litigation at PHI, and leverage social security protections (e.g., through BPJS and the Job Loss Insurance Program under PP No. 6 of 2025). Promote the enactment of a dedicated outsourcing law for strategic sectors such as oil and gas, in line with proposals to prohibit outsourcing in core technical roles. Conclusion PP No. 35/2021 represents progress by formalizing outsourcing and PHK procedures and assigning responsibility to outsourcing firms, yet significant implementation challenges persist—especially regulatory ambiguity, weak sanctions, and improper practices in the oil and gas industry. PHI and Supreme Court rulings have established supportive precedents for safeguarding outsourced workers, but stronger enforcement is still needed—not only to uphold workers’ welfare but also to ensure job security and transparency in employment conditions. To realize these goals, further regulatory refinement, firm oversight by governmental bodies, and balanced legal norms are essential to empower workers and secure their rights in practice.

Legal Protection Efforts for Indonesian Migrant Workers (PMI) in Dubai, United Arab Emirates, Based on Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers

Legal Protection Efforts for Indonesian Migrant Workers (PMI) in Dubai, United Arab Emirates, Based on Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers Author: Usman Arifin M Labor Law Consultant / Human Capital Practitioner / Founder of USALawfirm / Alumni of the Master of Law Program in Labor Law, Faculty of Law, University of Indonesia

Abstract Indonesian Migrant Workers (PMI) have made a significant contribution to the national economy through remittances. However, their positions abroad often expose them to various vulnerabilities, particularly in countries where labor protection systems are limited, such as Dubai, United Arab Emirates (UAE). Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers was enacted to strengthen legal, economic, and social safeguards for PMI. This journal aims to analyze the implementation and challenges of legal protection for Indonesian migrant workers in Dubai under the provisions of the 2017 Law, focusing particularly on recruitment, placement, and dispute resolution mechanisms. The study employs a normative-juridical method combined with a comparative approach, supported by empirical data from documented cases and international legal frameworks. Keywords: Indonesian Migrant Workers, Legal Protection, Dubai, Law Number 18 of 2017, Human Rights Introduction Indonesian migrant workers, commonly referred to as PMI, are one of the nation's vital assets. According to data from the Indonesian Migrant Workers Protection Agency (BP2MI), the number of PMI working in the Middle East, including the United Arab Emirates (UAE), continues to rise. Dubai is one of the most favored destinations due to high demand in the domestic, construction, and service sectors. However, issues such as unequal working conditions, lack of contractual protections, and limited access to justice remain persistent challenges for PMI. Law Number 18 of 2017 is expected to serve as a comprehensive legal foundation that ensures protection before, during, and after employment abroad. This journal evaluates the effectiveness of the law's implementation in Dubai, UAE, and examines the persistent obstacles in practice. Problem Formulation What forms of legal protection are available for PMI in Dubai under Law Number 18 of 2017? What are the challenges in implementing protections for PMI in Dubai? What solutions can enhance the effectiveness of legal protection for PMI in the UAE? Research Methodology This study adopts a normative juridical research method, utilizing statutory and comparative approaches. Secondary data was obtained through literature studies, relevant national and international legislation, and case reports from BP2MI and the Indonesian Embassy in Abu Dhabi. A sociological approach was also employed to capture field realities and testimonies from PMI in Dubai. Discussion 1. Forms of Legal Protection under Law Number 18 of 2017 This law outlines comprehensive protection for PMI through three key stages: Pre-Placement: Includes training, competency certification, and clear employment contracts. During Placement: PMI are entitled to legal protection, social security, and access to legal assistance from Indonesian diplomatic representatives abroad. Post-Placement: Covers social reintegration, post-contract legal aid, and complaint services. Article 30 of Law Number 18 of 2017 mandates the government to ensure PMI protection through bilateral diplomacy and strict supervision of licensed placement companies (P3MI). 2. Conditions and Challenges in Protecting PMI in Dubai The main challenges faced by PMI in Dubai include: The Kafala System (sponsorship): Ties PMI entirely to their employers, restricting job mobility. Absence of a binding bilateral agreement between Indonesia and the UAE concerning labor protection standards. Inadequate oversight of illegal recruitment agents. Limited legal literacy among PMI. Restricted legal intervention from the Indonesian government in cases of contract violations or abuse. 3. Diplomatic Efforts and the Role of Indonesian Representatives The Indonesian Embassy in Abu Dhabi and the Consulate General in Dubai play a strategic role in: Mediating disputes between PMI and employers. Providing legal aid and shelters for PMI who are victims of abuse. Collaborating with local authorities and the International Organization for Migration (IOM). However, these efforts are hindered by limited staffing and suboptimal digital complaint systems. 4. Comparison with International Protection Standards ILO Convention No. 189 on Decent Work for Domestic Workers and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) serve as global references. Although the UAE has not ratified these conventions, Indonesia can advocate for bilateral Memorandums of Understanding (MoUs) that adopt the minimum standards set out in these instruments. Conclusion Law Number 18 of 2017 provides a solid legal framework for protecting Indonesian migrant workers, including those in Dubai. However, the law's implementation faces significant real-world challenges, such as the Kafala system, the absence of bilateral labor agreements, and the lack of legal awareness among PMI. Therefore, a coordinated effort involving the government, licensed recruitment agencies, civil society organizations, and overseas diplomatic missions is essential to enhance meaningful protection. Recommendations Strengthen Bilateral Diplomacy: The Indonesian government should establish legally binding agreements with the UAE regarding PMI protection standards. Enhance Legal Education for PMI: Through pre-departure training that includes legal rights and complaint mechanisms. Digitalize P3MI Oversight and Services: By implementing integrated databases and online reporting systems. Optimize the Role of Indonesian Embassies and Consulates: By increasing the number of staff assigned to handle PMI cases and expanding the availability of shelter facilities. Strengthen Regional and International Cooperation: Indonesia should actively participate in international forums to advocate for improved working conditions for migrant workers in the Middle East.

Implementation of Anti-Discrimination Provisions in Job Vacancy Criteria Based on Article 35 Paragraph (1) of Law Number 13 of 2003 on Manpower

Implementation of Anti-Discrimination Provisions in Job Vacancy Criteria Based on Article 35 Paragraph (1) of Law Number 13 of 2003 on Manpower Author: Usman Arifin M Labor Law Consultant / Labor Law Practitioner / Founder of USA Law Firm / Alumni of the Master of Legal Studies in Labor Law, Faculty of Law, University of Indonesia Abstract Reports on discriminatory criteria in employee recruitment reflect unfair practices in the hiring process that violate human rights. Although Indonesia’s Manpower Law regulates non-discriminatory principles in recruitment, practical implementation often tells a different story. Law Number 13 of 2003 on Manpower outlines a non-discriminatory framework within employment relationships. Article 35 Paragraph (1) explicitly states that every worker has an equal opportunity to obtain employment. However, discriminatory job advertisements remain prevalent. This article examines the forms of discrimination in recruitment practices, evaluates their compliance with Indonesia’s positive law, and offers recommendations for improving the enforcement of this legal norm in employment practice. The research uses a normative juridical method with a sociological approach. Keywords: Manpower, Discrimination, Recruitment, Law No. 13 of 2003, Human Rights.

Introduction Discrimination in recruitment remains a crucial issue in Indonesia’s labor market. Requirements based on gender, age, and religion frequently appear in job advertisements. Yet Article 35 Paragraph (1) of Law Number 13 of 2003 on Manpower clearly prohibits employers from including discriminatory requirements in job postings. Content of Article 35 Paragraph (1): "Every worker shall have the same opportunity without discrimination to obtain employment." This means no differential treatment should occur in the hiring process based on ethnicity, religion, race, gender, or physical condition. Field Realities Many companies still include discriminatory criteria, such as: "Good looking and attractive" "Single female, maximum age 25" "Male, minimum height 170 cm" "Muslim" These criteria, albeit implicitly, violate the non-discriminatory principles upheld by the Manpower Law. Legal Consequences Although Article 35 Paragraph (1) is declarative in nature (stating a principle), its neglect can trigger intervention by labor supervisory bodies and may become the subject of a lawsuit in the Industrial Relations Court, especially in cases where discrimination causes harm. Several judicial review attempts have been made seeking to allow companies more discretion in setting recruitment criteria based on industry needs. However, the Constitutional Court rejected such motions. Still, dissenting opinions have noted the potential legal uncertainty within the phrase “independently recruit the required workforce.” Impacts of Discrimination Loss of Employment Opportunities: Discrimination prevents qualified individuals from obtaining jobs. Social Inequality: It exacerbates social and economic disparities. Economic Loss: It reduces national economic potential by failing to utilize human resources optimally. The prohibition of discrimination in the workplace is part of the broader principles of equality and social justice. Article 35 Paragraph (1) of Law No. 13 of 2003 reflects the state’s commitment to protecting the rights of workers to access employment without unequal treatment based on personal characteristics. Research Methodology This study uses a normative juridical approach supported by secondary data, including court rulings, labor agency reports, and documentation of job vacancy advertisements. Discussion 1. Definition of Discrimination in the Context of Labor Law Discrimination is defined as any distinction made based on race, skin color, gender, religion, political opinion, social origin, or other statuses. In recruitment, it occurs when companies impose requirements irrelevant to job competence or demand arbitrary conditions unrelated to the work itself. 2. Article 35 Paragraph (1) of the Manpower Law This article serves as a fundamental norm protecting workers from discriminatory practices. Although it does not explicitly stipulate sanctions, it is imperative in nature and forms a legal basis for worker protection. 3. Implementation in Practice Job advertisements often still include discriminatory requirements such as: Physical appearance demands like “good looking” or “attractive,” which are irrelevant to job functions. Unjustified age limits, which should ideally align with retirement age or professional experience. Gender-based requirements for neutral roles, which are discriminatory and violate human rights. Religious requirements with no direct relevance to job duties. These practices highlight weak enforcement and a lack of legal awareness among employers. 4. Comparison with International Law Indonesia has ratified ILO Convention No. 111 of 1958 concerning Discrimination in Respect of Employment and Occupation, which affirms the prohibition of discriminatory practices in recruitment and employment. Therefore, clearly discriminatory elements in job criteria should be eliminated and prohibited from job postings. Conclusion Article 35 Paragraph (1) of the Manpower Law provides legal protection for workers’ rights that remain under-implemented. This provision should be recognized as a legal foundation to combat discrimination in the recruitment process. Applying the principle of non-discrimination in recruitment is not merely a legal obligation but also a human rights imperative. Employers must adopt a more conscientious and responsible approach in developing hiring criteria that align with legal norms and principles of social justice. Recommendations Strengthen Government Oversight: Authorities must enhance supervision over discriminatory job advertisements. Employer Education: Companies should be educated on the principle of non-discrimination and its legal consequences. The government must enforce these provisions rigorously. Regulatory Reform: There is a need for implementing regulations that impose administrative sanctions for violating non-discrimination principles. Public awareness of rights and anti-discrimination measures should be improved. Cultural Transformation: Companies should promote inclusive and equitable workplace cultures that prioritize competence over bias. Increased Participation: Efforts should be made to enhance labor force participation among women and marginalized groups.

Pari Island, Thousand Islands: Tourism Potential, Local Community Empowerment, and Legal Protection Challenges Author: Usman Arifin M., S.H., M.H. Labor Law Consultant – Founder of USALAWFIRM – Alumni of Master of Legal Studies in Labor Law, Faculty of Law, University of Indonesia ________________________________________ Introduction Pari Island, one of the islands in the Thousand Islands regency, is renowned for its coastal tourism, including Virgin Beach (Pantai Perawan), mangrove conservation, snorkeling, and marine ecosystem education tours. This tourism potential has become an essential economic pillar for local residents, attracting thousands of domestic and international visitors each year. The island, covering approximately 41–43 hectares, has long been a popular marine tourism destination—recording over 100,000 visits throughout 2024. According to Jakarta Governor Decree No. 1986 of 2000, the administrative area of Pari Island Village spans approximately 94.57 hectares and includes 12 islands. In terms of community subdivision, the village consists of 14 neighborhood units (RT) and 4 community units (RW), spread across two main islands—Lancang Besar and Pari Islands. Of the 12 islands: 5 are designated for water catchment purposes (PHB), 1 for general utility (PHU), 4 for tourism, 1 for residential use, and 1 island (Pari Island) is zoned for 10% PHB, 40% residential, and 50% tourism. The Pari Island Village Office is located at Jalan Pulau Lancang Besar RT.003/03, Pari Island Village, South Thousand Islands Subdistrict, Administrative Regency of the Thousand Islands, Special Capital Region of Jakarta, 14520. However, behind its charm, Pari Island is facing serious threats due to illegal reclamation and dredging activities, which are destroying mangroves, seagrass beds, and coral reefs—ecosystems that are vital for ecotourism and local livelihoods. Local Community Empowerment Local communities have initiated several programs, including: • Forum Peduli Pulau Pari (FPPP) and the Pari Island Women's Group (KPPP), actively involved in tourism management and marine conservation. • Eco-guide training programs, homestay-based tourism businesses, and mangrove planting. • Empowerment of women fishers as tour guides, ecosystem guardians, and economic contributors for their families. Although community involvement is visible, support in terms of facilities, access to financing, and protection from external pressure (e.g., land or tourism zone claims by investors) remains lacking. According to Pandulaut.org, the collective awareness manifested in the formation of FPPP and KPPP is a key step toward sustainable conservation and tourism services. In February 2024, KPPP, comprising around 20 women, received support from Pandu Laut Nusantara in the form of two fiberglass boats to enhance access to boat tours and mangrove planting. Many of these women work as fishers and tour guides, supporting their families, though they still face limited access to modern equipment like motorboats. Legal Aspects: Land Disputes & Community Rights Protection Pari Island has gained national attention due to ongoing legal conflicts between residents and private entities. The following summarizes the key cases and issues: Land Disputes and Illegal Reclamation • Since 2022, residents of Pari Island have faced lawsuits and criminalization after opposing reclamation efforts and land ownership claims by PT Bumi Pari Asri and its affiliates. • Many residents have lived on the island for decades but have not obtained land ownership certificates due to the status of the land as state-owned (under the DKI Jakarta Province). • The legal battles include lawsuits at the Jakarta Administrative Court (PTUN), with legal support from LBH Jakarta, WALHI, and KIARA. Legal Protection and Advocacy Examples of legal actions and resolutions observed by the author include: • In January 2025, the Ministry of Marine Affairs and Fisheries (KKP) and the Ministry of Environment and Forestry (KLHK) confiscated and sealed off an illegal reclamation project by PT CPS for damaging mangrove and coral ecosystems without proper PKKPRL permits (Utilization Agreement for Marine Space). [Sources: Liputan6.com, Antaranews.com]. • Law enforcement and environmental organizations such as KPPMPI (Coalition for Coastal and Small Island Protection) have urged the government to prioritize environmental and community rights protection, particularly for coastal communities. [Sources: Reddit.com, Antaranews.com, Hijau.bisnis.com]. • Legal advocacy teams—LBH Jakarta, WALHI, and KIARA—have also filed lawsuits against the issuance of PKKPRL permits that negatively affect the livelihoods of fisherfolk and damage holistic ecosystems. [Sources: Hijau.bisnis.com, Bantuanhukum.or.id, Liputan6.com]. These legal challenges highlight the need for marine spatial permits to be fair, community-based, and environmentally sustainable—not solely profit-driven. Legal Protection Issues Include: • Marine spatial permits (PKKPRL) issued to corporations often disregard community participation principles. • Residents demand the enforcement of Law No. 32/2009 on Environmental Protection and Management and Law No. 1/2014 on Coastal Areas and Small Islands, including the principle of Free, Prior, and Informed Consent (FPIC). • Informal tourism workers such as guides, homestay operators, or fisher-tourists lack formal legal protection in labor law—leaving them vulnerable to exploitation and economic uncertainty. Recommendations for Legal Protection Strategy Description 1. Legalization of Communal/Local Land Rights The Jakarta Provincial Government and National Land Agency (BPN) should provide legal certainty for residents’ land tenure through recognition of collective ownership or community management rights. 2. Audit and Review of PKKPRL Permits All marine spatial permits issued to corporations must be reviewed and evaluated with community involvement. 3. Protection of Tourism Workers A specific legal framework or regulation is needed to protect informal tourism workers in terms of wages, safety, and social security. 4. Sustained Legal Assistance Government and legal aid organizations must actively provide free and ongoing legal assistance for coastal communities. Additional Strategic Recommendations Besides the above, further efforts should focus on strengthening local economies and enforcing environmental laws: 1. Strengthening the Local Blue Economy Empower local communities, especially women fishers, through support for boats, training, and access to tourism markets. 2. Environmental Law Enforcement Ensure that reclamation or tourism permits are only issued for environmentally sound projects that have PKKPRL certification and community approval. 3. Legal Assistance & Education Provide continuous legal aid and public education about workers’ rights and permit monitoring processes. 4. Stakeholder Collaboration Strengthen collaboration among the government (KLHK, KKP, Jakarta Provincial Government), conservation NGOs, and academic institutions to realize sustainable ecotourism. Conclusion Pari Island serves as a real-world example of how ecotourism can drive local economic development. However, it remains vulnerable to land conflicts and ecosystem exploitation. For sustainable development to occur—socially, economically, and environmentally—strong legal protections for local residents and workers are essential. This not only safeguards their rights but ensures marine tourism remains inclusive and environmentally sound. Summary Table: Observed Aspects and Challenges Aspect Condition & Challenges Marine Tourism Supports the local economy, but threatened by illegal reclamation and ecosystem damage. Community Empowerment Real community efforts exist, especially among women, but facilities and support remain limited. Legal Protection Positive steps include KLHK & KKP actions, and community-led lawsuits filed with LBH Jakarta.

Socio-Economic Life on Pramuka Island, Thousand Islands, and Its Tourism Potential: A Labor Law Perspective Author: Usman Arifin M, SH, MH Labor Law Consultant – Alumnus of the Master of Law Program, Labor Law Specialization, Faculty of Law, University of Indonesia Abstract, this study examines the dynamics of the socio-economic life of the community on Pramuka Island, part of the Thousand Islands administrative regency, and the potential of its tourism sector from the perspective of labor law. Although tourism has become the backbone of the local economy, labor regulations have not fully accommodated the needs of workers in the informal sector, such as tour guides, homestay operators, and fishers. Using a descriptive qualitative approach, data were collected through literature review and semi-structured interviews. The findings highlight the urgency of formulating local labor policies based on tourism zoning, aimed at ensuring the rights of informal workers and supporting sustainable economic development in island regions. Keywords: Pramuka Island, tourism, labor law, informal workers, Thousand Islands

Introduction, school holidays represent a much-anticipated period in which time and the desire to vacation align, offering an opportunity for workers—often burdened by their daily routines—to spend quality time with their families. For this particular holiday, the destination chosen was a location not far from Jakarta, yet markedly different in lifestyle and enriched with marine educational experiences. Pramuka Island, located within the Thousand Islands and part of the Jakarta administrative region, serves not only as a tourism site but also as the regency capital. The name "Pramuka" (meaning "Scout") stems from the frequent scouting activities held on the island before the establishment of the Cibubur Scout Camp in Jakarta. These training sessions occurred between the 1950s and 1970s. During the Old Order era, the island was known as Pulau Lang or Pulau Elang (Eagle Island) due to the abundance of brahminy kites (Haliastur indus), a species now symbolizing the Special Capital Region of Jakarta. These birds gradually disappeared as the island underwent urban development. As the administrative center of the Thousand Islands, Pramuka Island plays a crucial role in the growth of Jakarta’s marine tourism. The local economy is largely supported by the tourism, fisheries, and related service sectors. However, most workers in these sectors remain informal and lack adequate legal protection. This research seeks to assess local labor conditions and explore tourism potential as a basis for formulating labor protection policies. Demographically, the island's permanent residents predominantly belong to the Betawi, Bugis, Bantenese, Madurese, and Minangkabau ethnic groups. Approximately 99.8% of residents identify as Muslim, with a small minority adhering to Catholicism and other religions. The island is accessible by traditional motorboats from Kali Adem Port in Muara Angke, Kapuk Muara Subdistrict, or by speedboat from Marina Ancol in Taman Impian Jaya Ancol. Inter-island travel within the Thousand Islands can be arranged via small chartered boats (ojek perahu), connecting Pramuka to nearby islands such as Panggang, Karya, and Semak Daun. Literature Review 2.1 Socio-Economic Life on Pramuka Island Setiyanti and Sadono (2011) indicate that tourism has positively influenced local income. However, most employment remains informal, involving roles such as homestay operators and tour guides. 2.2 Marine Tourism Potential Pramuka Island offers educational turtle conservation tourism, snorkeling, diving, and conservation tours. Sarma et al. (2022) highlight these assets as foundational for sustainable ecotourism development. 2.3 Labor Law Perspective Based on Law No. 13/2003 on Manpower and the Omnibus Law (Law No. 11/2020), all workers, including those in the informal sector, are entitled to legal protection. However, the implementation of these laws in archipelagic regions remains limited due to regulatory and oversight constraints. Research Methodology, this study employs a descriptive qualitative approach, utilizing literature review and semi-structured interviews as primary data collection methods. Sources include academic publications, local government documents, and interviews with local tourism actors on Pramuka Island. Field observations were also conducted, with five local tourism workers serving as key informants. Data were analyzed thematically to identify labor challenges and opportunities for strengthening local regulations. Discussion, this research explores the socio-economic dynamics of Pramuka Island’s community and its tourism sector potential from a labor law perspective. Although tourism plays a central role in the local economy, labor regulations have not sufficiently addressed the rights of informal workers. Many of these workers, including tour guides and homestay operators, lack written contracts and are not enrolled in social security programs. 1. Characteristics of Work on Pramuka Island The majority of residents are employed as fishers, homestay or culinary operators, and tour guides. Employment is largely informal, with only a small proportion having employment contracts or social security coverage. • Fishers: 35% • Tour Guides: 25% • Homestay/Culinary Operators: 30% Most workers are not members of cooperatives and have no formal employment agreements. 2. Labor Challenges Key challenges to achieving social welfare and industrial harmony include: • Limited registration in the national labor social security scheme (BPJS Ketenagakerjaan) • Absence of a local minimum wage system • Lack of work hour regulations • No formal training or certification • No written employment contracts • Non-standardized wages • No occupational safety guarantees • Seasonal and tourism-dependent income instability These issues contribute to economic and social vulnerability among local workers. 3. Potential for Regulatory Implementation The study proposes the following legal and policy measures: • Enactment of a local labor protection regulation (Perda) specific to tourism workers in island regions • Development of a workforce database and training programs in cooperation with the Ministry of Manpower, local government, and Ministry of Tourism • Establishment of local labor cooperatives to facilitate wage and work-hour negotiations • Implementation of professional certification schemes for tour guides and homestay operators Conclusion and Recommendations, Tourism on Pramuka Island holds significant potential as a driver of the local economy. However, the lack of comprehensive labor protection leaves informal workers vulnerable. It is recommended that local governments formulate labor regulations rooted in community needs, supported by local institutions tasked with data collection, training, and advocacy. A labor law–based approach is essential to ensure sustainable and inclusive tourism development in the region. Recommendations: • Enact a regional labor regulation (Perda) for island areas • Create a workforce registry and conduct skill development training for tourism workers • Establish local tourism labor cooperatives • Introduce mandatory certification processes for tour guides and homestay operators Appendix 1: Interview Summary Respondent Occupation Key Issues Legal Protection A Tour guide No employment contract Not registered in BPJS B Homestay owner No formal training No professional certification C Fisher Seasonal income No social security D Food vendor Long, irregular working hours No minimum wage E Snorkeling guide High occupational risks No occupational safety

References 1. Setiyanti, D. W., & Sadono, D. (2011). The Impact of Tourism on Non-Agricultural Business Opportunities and Employment on Pramuka Island. Bogor: Bogor Agricultural University. 2. Sarma, F., Handayani, A., & Rahmi, N. (2022). Marine Tourism Development Strategy on Pramuka Island. Journal of Marine Tourism, 8(2), 125–133. 3. Lubis, R. M. (2012). The Role of Tourism in Enhancing the Local Economy of Pramuka Island. Journal of Regional and Urban Planning, 27(1), 57–68. 4. Law No. 13 of 2003 on Manpower 5. Law No. 11 of 2020 on Job Creation 6. Ministry of Manpower of the Republic of Indonesia. (2020). Strategic Plan for Labor Protection 2020–2024. 7. Mongabay Indonesia. (2018). Environmental and Societal Conditions on Pramuka Island. Retrieved from https://www.mongabay.co.id