scholarly journals THE POSITION OF THE WORKERS' OR LABORERS' SEVERANCE PAY AND OTHER RIGHTS IN THE BANKRUPTCY OF A COMPANY

2018 ◽  
Vol 3 (2) ◽  
pp. 165
Author(s):  
Sonhaji Sonhaji
Keyword(s):  
Human Rights ◽  
Industrial Relations ◽  
Court Ruling ◽  
Severance Pay ◽  
Interesting Topic ◽  
The Government ◽  
A Company

Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

scholarly journals PERLINDUNGAN HUKUM BAGI KARYAWAN YANG DITAHAN IJAZAHNYA OLEH PERUSAHAAN

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 293-300
Author(s):  
Junaidi Junaidi
Keyword(s):  
Rule Of Law ◽  
Industrial Relations ◽  
Work Conditions ◽  
The Rule Of Law ◽  
Work Relations ◽  
Labor Regulations ◽  
Principle Of Justice ◽  
The Future ◽  
The Government ◽  
A Company

A work agreement is an agreement between a worker / laborer and an employer or employer that contains the work conditions, rights and obligations of the parties. The work agreement was made to obtain certainty regarding what was promised, both parties must respect each other. In the work agreement that must be considered is not violating the rule of law, each party must agree and may not be forced or forced, the contents of the work agreement must be clear, so that there is no misunderstanding in the future which results in default. An agreement in a company ideally protects the interests of all parties involved in the agreement because an agreement should be made based on the agreement between the two parties. The substance of the work agreement made may not conflict with the applicable labor regulations. Therefore work relations must contain the principle of justice, harmonization of the elements in industrial relations (employers, workers / laborers and the government).

scholarly journals Autonomous Administration of Corporation through Workers Participation in Management

2021 ◽  
Vol 2 (3) ◽  
pp. 22-28
Author(s):  
Garpruet Chinglunsana ◽  
Ashique Keruniyan ◽  
Singh Sendhu
Keyword(s):  
Industrial Relations ◽  
Mutual Trust ◽  
Effective Management ◽  
Participation Rates ◽  
Industrial Management ◽  
Women's Participation ◽  
Democratic Administration ◽  
The Government ◽  
Productivity Gains ◽  
A Company

Workers participation in management, also known as WPM, is an advanced type of labour management cooperation that guarantees the concept of autonomous and democratic administration of a company in order to achieve peace and harmony in the workplace. As a consequence, a greater understanding and mutual trust may be established between the company and the employees. A constant communication between them helps to maintain industrial harmony and increase worker loyalty. This plan contributes to increased output and productivity, as well as the equitable distribution of productivity gains, via more effective management and improved industrial relations. However, all of the efforts undertaken by the government, employers, and other employees to increase the involvement of workers in industrial management have fallen short of the goals for which they were intended in India. This research examines Women's Participation in Medicine (WPM) in India and makes an effort to determine the reasons for low participation rates. It also makes some useful recommendations for overcoming the issue

scholarly journals REFORMASI HUKUM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL SECARA MEDIASI

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Yetniwati Yetniwati ◽  
Hartati Hartati ◽  
Meriyani Meriyani
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Dispute Settlement ◽  
Civil Service ◽  
Industrial Relations ◽  
Law Reform ◽  
National Commission ◽  
Article 9 ◽  
The Government

Dispute settlement of Industrial Relations through mediation stipulated in article 8 of the Act Number 2 Year 2004 was assisted by a mediator of manpower officials. In addition, article 9 regula-tes the qualifications of mediator. These two articles are very discriminatory as they are contrary to the fact that mediator of government officer should also be subject to the Civil Service Act. Besides, the government mediator would have superiors and subordinates according to the hierarchy of their positions. This would open possibility of intervention of the superiors that would interfere the mediator in performing his/her duties. Consequently, independent mediator would never be reali-zed. In fact, mediator is not only from government officer but also from other field such as lawyers, lecturers, National Commission of Human Rights (Komnas HAM), and any capable and non-allign-ed mediators. This would be one of solutions for the government to solve the shortage of mediators in Indonesia.                                                     Key words: mediation, mediator, law reform

scholarly journals ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017)

2019 ◽  
Vol 2 (1) ◽  
pp. 744
Author(s):  
Kesuma Melati ◽  
Stanislaus Atalim
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Labor Law ◽  
Legal Protection ◽  
Negative Influence ◽  
Not Given ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
A Company

Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.

scholarly journals Eksistensi Lembaga Kerjasama Bipartit dalam Perspektif Negara Kesejahteraan dan Hak Asasi Manusia

2018 ◽  
Vol 5 (1) ◽  
pp. 45
Author(s):  
Ahmad Hunaeni Zulkarnaen
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Working Condition ◽  
Industrial Relations ◽  
Labor Rights ◽  
The Common ◽  
Growth Development ◽  
A Company ◽  
The Welfare State

Abstrak : Negara Kesejahteraan Indonesia berdasarkan Pancasila dan Undang-Undang Dasar 1945 bertujuan memajukan kesejahteraan umum yang mengakui, menghormati dan melindungi hak asasi manusia. Tujuan penelitian ini, adalah untuk mengetahui dan menganalisis bagaimana korelasi antara negara kesejahteraan dengan HAM dalam perlindungan tenaga kerja?; dan bagaimana peran Lembaga Kerjasama Bipartit dalam memberikan perlindungan terhadap hak perkerja/buruh?. Metode penelitian yang digunakan adalah yuridis normative dengan spesifikasi penelitian deskriptif analitis. Hasil penelitian adalah salah satu sarana dalam hubungan industrial untuk menyampaikan pikiran dengan lisan atau tulisan adalah� Lembaga Kerjasama Bipartit, yaitu suatu forum komunikasi, konsultasi dan musyawarah antara wakil� �pekerja/buruh� �dan�� wakil� �pengusaha� �dalam suatu perusahaan� �guna� �membahas� �masalah Hubungan Industrial dan kondisi kerja pada umumnya. Kesimpulan, optimaliasi kinerja Lembaga Kerjasama Bipartit dengan tujuan menciptakan hubungan industrial yang harmonis, dinamis, dan berkeadilan demi kelangsungan hidup, pertumbuhan, perkembangan perusahaan, termasuk kesejahteraan pekerja/buruh dan keluarganya sekaligus sebagai sarana untuk mengkoordinasikan lembaga-lembaga ketenagakerjaan.Kata kunci: Hak Asasi Manusia, Lembaga Kerjasama Bipartit, Negara Kesejahteraan�THE BIPARTITE COOPERATION INSTITUTION OF EXISTENCE IN THE PERSPECTIVE OF THE WELFARE STATE AND HUMAN RIGHTS�Abstract : The Indonesian Welfare State based on Pancasila and the 1945 Constitution aims to advance the common welfare that recognizes, respects and protects human rights. The purpose of this study is to know and analyze how the correlation between the welfare state and human rights in labor protection; and how is the role of Bipartite cooperation institution in providing protection to workers / labor rights. The research method used is normative juridical with analytical descriptive specification. The result of the research is as a means in industrial relations to convey thoughts orally or written, this� is Bipartite cooperation institution, which is a communication forum, consultation and deliberation between worker/laborer representatives and employer's representative in a company to discuss industrial relations problem and working condition in general. Conclusion, optimizing the performance of Bipartite cooperation institution with the aim of creating harmonious, dynamic, and equitable industrial relations for the sake of survival, growth, development of the company, including the welfare of workers / laborers and also their families as well as a means to coordinate employment agencies.Keywords: Human Rights, Bipartite Cooperation Institution, Welfare State.

Interview with Omar Shakir

2020 ◽  
Vol 49 (4) ◽  
pp. 127-137
Author(s):  
Noura Erakat
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Committee Member ◽  
Editorial Committee ◽  
Rutgers University ◽  
Human Rights Advocacy ◽  
University Professor ◽  
The Government ◽  
Israeli Supreme Court

In late November 2019, the Israeli Supreme Court upheld the Ministry of Interior's order to deport Human Rights Watch (HRW) director for Israel and Palestine, Omar Shakir. The court based its decision on a 2017 amendment to Israel's 1952 Entry into Israel Law enabling the government to refuse entry to foreigners who allegedly advocate for the boycott of Israel. The same law was invoked to deny entry to U.S. congresswomen Rashida Tlaib and Ilhan Omar in the summer of 2019. The campaign against Shakir began almost immediately after he was hired by HRW in 2016, and the court's decision marked the culmination of a multi-year battle against the deportation order. In this interview, JPS Editorial Committee member, Rutgers University professor, and author Noura Erakat discusses the details of his case with Shakir in an exchange that also examines the implications of the case for human rights advocacy, in general, and for Palestinians, in particular. The interview was edited for length and clarity.

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
The United States ◽  
Human Rights Violations ◽  
Law Of Nations ◽  
Forum Non Conveniens ◽  
The Government ◽  
Oil And Gas Companies ◽  
Political Question ◽  
The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

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