Legal Protection for Indonesian Freelance Workers in Law Number 11 of 2020 Concerning Work Creation: Analysis of Changes in Legal Protection for Freelance Workers in Indonesia after the Omnibus Law

2021 ◽  
Vol 3 (2) ◽  
pp. 56-64
Author(s):  
M. Muhsin
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Job Creation ◽  
Legal Protection ◽  
Working Time ◽  
Specific Time ◽  
Historical Approach ◽  
Time Work ◽  
Rest Time ◽  
Specific Regulation

This research aims to review the legal protection for freelancers in Indonesia, stipulated in Law Number 11 of 2020 concerning Job Creation. In-Law no. 13 of 2003 concerning Freelance Employment in Indonesia is claimed not to have a clear legal umbrella. The problems examined in this research include the form of freelance legal relations in Indonesia? And the legal protection for freelancers in Indonesia in Law Number 11 of 2020 concerning Job Creation? This research uses normative methods with a statute, case, and historical approach. The results showed that freelance legal relationships in Indonesia were divided into two categories: freelancers who entered into work agreements through platforms that acted as intermediaries and freelancers who entered into work agreements directly without intermediaries. Previously, there were only additional regulations in the form of Kepmenakertrans No. 100 of 2004 concerning the Provisions for the Implementation of a Work Agreement for a Specific Time, and no specific regulation has been found in Law no. 13 of 2013 concerning Manpower. After the enactment of Law Number 11 of 2020 concerning Job Creation and also Government Regulation No. 35 of 2021 concerning Specific Time Work Agreements, Transfer, Working Time and Rest Time, and Termination of Employment, the legal status of freelance workers in Indonesia has a clear legal umbrella, which is classified as a specific time work agreement (PKWT). This finding also answers the concerns of previous researchers who stated that there is no legal protection for freelancers in Indonesia.

scholarly journals Legal Protection Of Contract Employees Agreement In The Implementation Of Certain Time In Kendal (National Land Agency)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 491
Author(s):  
Aldila Marselli ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Legal Protection ◽  
Employment Law ◽  
Specific Time ◽  
Labor Contract ◽  
Contract Workers ◽  
Contract Employees ◽  
Employment Agreement ◽  
Time Work ◽  
Time Periods

Reforms in the field of employment law is done with the purpose to improve and enhance the quality of labor and personnel welfare. Reformation in the field of employment law begins with the issuance of Act No. 21 of 2000 concerning Trade Union / Labor United. Then followed with the release of Act No. 13 of 2003 on Manpower. Problems in this reasearch: (1) To identify and analyze the Implementation of the Employment Agreement in the Specific Time (PKWT) At the National Land Agency of Kendal. (2) To identify and analyze the forms of legal protection for workers at National Land Agency of Kendal with the Specific Time of Work Agreement (PKWT). The results of this study are: (1) Implementation of the Employment Agreement in the Specific Time (PKWT) at the Land Office of Kendal by implementing probation on each worker who recruits including contract workers. Which it is not supposed to apply probation at a certain time and labor agreements remain to be done if the employment agreement becomes null and void. (2) The legal protection of workers / laborers at Specific Time Work Agreement (PKWT) inemployeein practice has not run optimally, given the frequent violations, because of the vagueness of the rules on the implementation of the Employment Agreement for specific time periods, in providing protection against labor law for employees in the Land Office of Kendal.Keywords: Legal Protection; Labor Contract; the National Land Agency.

scholarly journals Perlindungan Hukum terhadap Pekerja dalam Perjanjian Kerja Waktu Tertentu Menurut Undang-Undang no 13 Tahun 2003

2020 ◽  
Vol 2 (1) ◽  
pp. 124-128
Author(s):  
Ni Putu Nita Erlina Sari ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Specific Time ◽  
Work Relations ◽  
Legal Relationship ◽  
Employment Agreement ◽  
Time Work ◽  
Materials Used ◽  
Article 50

In the formation of employment agreements, there are two kinds, namely PKWT and PKWTT. However, in its implementation, the implementation of PKWT carried out by the company is not in accordance with the provisions stipulated in the work agreement and the Manpower Act so that the regulation regarding employment is still stretched various constraints and problems as well as challenges faced and require resolution through the court. Based on these explanations, the researcher raised the formulation of the problem 1) How is the Legal Relationship Between Workers and Companies in a Specific Time Work Agreement (PKWT) According to Law Number 13 Year 2003 and 2) What is the Form of Legal Protection Against Workers in a Specific Time Work Agreement Under the Act Law No. 13 of 2003. This study uses normative research methods. The legal materials used are primary, secondary. Work relations that occur between workers and employers are based on an employment agreement as explained by Article 50 of Law Number 13 Year 2003 Regarding Employment. In addition, PKWT can also be updated if the company so wishes. Dalam pembentukan perjanjian ketenaga kerjaan, terdapat dua macam yaitu PKWT dan PKWTT. Namun dalam pelaksanaanya, penerapan PKWT yang dilaksanakan oleh perusahaan ada yang tidak sesuai dengan ketentuan yang diatur dalam perjanjian kerja dan Undang-Undang Ketenagakerjaan sehingga pengaturan mengenai ketenagakerjaan masih terbentang berbagai kendala dan masalah serta tantangan yang dihadapi dan memerlukan penyelesaian melalui pengadilan. Berdasarkan penjelasan tersebut maka peneliti mengangkat rumusan masalah 1) Bagaimanakah Hubungan Hukum Antara Pekerja Dengan Perusahaan dalam Perjanjian Kerja Waktu Tertentu (PKWT) Menurut Undang-Undang Nomor 13 Tahun 2003 dan 2) Bagaimana Bentuk Perlindungan Hukum Terhadap Pekerja dalam Perjanjian Kerja Waktu Tertentu Berdasarkan Undang-Undang Nomor 13 tahun 2003. Penelitian ini menggunakan metode penelitian normatif. Bahan hukum yang di gunakan yaitu primer, sekunder. Hubungan kerja yang terjadi antara pekerja dan pengusaha didasarkan atas perjanjian kerja seperti yang dijelaskan oleh Pasal 50 Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan. Selain itu, PKWT juga dapat diperbarui apabila perusahaan menghendaki.

scholarly journals Perlindungan Hukum terhadap Pekerja yang Bekerja Melebihi Waktu Kerja (Studi Pada Perusahaan UD. Indra Jaya Seafood Supplier)

2020 ◽  
Vol 1 (2) ◽  
pp. 121-127
Author(s):  
Ayu Adi Ulansari
Keyword(s):  
Legal Protection ◽  
Working Hours ◽  
Optimal Performance ◽  
Working Time ◽  
Time Limit ◽  
Legal Research ◽  
Inhibiting Factors ◽  
Inhibiting Factor ◽  
Prior Approval ◽  
Rest Time

Work that is done outside working hours is something that is outside the obligations of the workers. This study aims to analyze the implementation of legal protection for workers who work outside of working time at the UD company. Indra Jaya Seafood Supplier, as well as inhibiting factors in the application of legal protection to workers who work beyond the working time limit at UD company. Indra Jaya Seafood Supplier. This type of research used in this research is empirical legal research. The results showed that the company UD. Indra Jaya Seafood Supplier in hiring more workers than the time stipulated by law. The reason is, if you add up, sometimes companies are expected to employ workers more than 14 hours a week. Regarding the obligations of employers to workers who exceed working hours, UD company. Indra Jaya Seafood Supplier has done it optimally in accordance with the prevailing laws and regulations. This is because workers who work outside working hours at the company have been asked for prior approval, are given overtime pay, are given adequate rest time, and provide food and drinks. The inhibiting factor in the application of legal protection for workers who exceed working hours at UD company. Indra Jaya Seafood Supplier, namely the demands of consumers to deliver goods on time (deadline), less than optimal performance of workers in preparing goods for delivery, and also a lack of manpower currently.

scholarly journals JURIDICAL ANALYSIS OF PARTICULAR TIME WORKING AGREEMENTS TO REALIZE THE PROTECTION OF WORKERS' RIGHTS AND WELFARE

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Dian Andriani ◽  
Laily Washliati ◽  
Lia Fadjriani ◽  
Feby Milanie ◽  
Andri Saifannur
Keyword(s):  
Research Study ◽  
Job Creation ◽  
Applied Theory ◽  
Specific Time ◽  
Timely Manner ◽  
Contract Workers ◽  
Legal Writing ◽  
Time Work

Juridical Analysis of a Specific Time Work Agreement (PKWT) to Realize the Protection of Workers' Rights and Welfare (Research Study at the PT. Bersama Gemilang Property Batam Office), has been carried out as it should, in accordance with Law Number 11 of 2020 concerning Job Creation. There are factors related to the protection of the rights and welfare of contract workers. The qualifications/types of writing in this journal use normative legal writing, and then integrate it with sociological/empirical legal writing, and to analyze some of the problems in this journal, Lawrence M. Friedmen's big theory, Jeremy Bentham's middle theory, and application theory are used. / applied theory Mochtar Kusumaatmadja. The results of the analysis are still experiencing several obstacles both internally and externally. The obstacles faced have not been the implementation of rights and welfare, which have been prioritized and carried out but not yet perfectly. It is very necessary and improved in terms of supervision in terms of quality and quantity in order to suppress and not give space to violators who do not comply with contract workers. There is also a need for wider socialization in a timely manner regarding the implementation of the new law on the rights and welfare of contract workers.

scholarly journals The Fragility of Workers in Temporary Employment Agreements in Indonesia [Kerapuhan dalam Perjanjian Kontrak Waktu Tertentu di Indonesia]

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Sandra Imam Mustofah
Keyword(s):  
Production Process ◽  
Legal Protection ◽  
Temporary Employment ◽  
Specific Time ◽  
Contract Workers ◽  
Time Work ◽  
The Status ◽  
The Law

Application employee for Working Agreement of Certain Time is a right step for the company in saving the production process, so that the company will be more benefited with the existence of such a specific time working agreement. In the legislation of the law has arranged employee a certain time work agreement, one of them related to the type and character of the work because of frequent violations in the implementation . This research aims to what form of legal protection for workers of certain time work agreement related to the type and characteristic of the work. This research uses normative method with approach of law. Protection for employee contract who get jobs that are not in accordance with the rules of the legislation related to the type and nature of work is to switch the status of being an unspecified worker. the legal protection of employee contract are jamsostek, PP, and PKB. This research is helpful as a reference of legal practitioners, increase the knowledge and insight of the community related to legal protection of contract workers.

scholarly journals Legal Assurance and Legal Protection in Land Registration in Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 48
Author(s):  
Suharyono Suharyono
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Legal Protection ◽  
Third Party ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Site ◽  
Land Title ◽  
The Republic ◽  
The Government

Legal assurance to protect the owner of the land title has been the main objectives of the 1997 Government Regulation No. 24. However, in reality, the objectives above cannot be spelled due to the negative publication system of land title registration regulated by the regulation above. The loophole the system has, inter alia, concerns with the actual or the correctness of land site or the physical data of the land.  As a result, a conflict will not be prevented between or amongst the true land deed holder, land rights holder and the third party. If the case is brought before the court, the further consequence is that the verdict will declare the cancelation of or invalidity of the land deed. Then the legal status of the land deed will become uncertain and landowners will lose their rights without getting any protection from the State.  The problem raised in this article regarding the negative system of land registration in the 1997 government regulation no. 24 does not provide legal protection for the landowner who has already land certificate. The results of the study showed that there were two different values of legal certainty and legal protection manifested in the Government Regulation No. 24 of 1997 and those of legal certainty and legal protection as mandated by the 1945 Constitution of the Republic of Indonesia.  Therefore it is not superfluous to state that legal certainty and legal protection are intended and regulated by Government Regulation No.24 of 1997 which is in contradictory to the manifested value of legal certainty and legal protection guaranteed by the 1945 Constitution

scholarly journals PERAN NOTARIS DALAM PENDIRIAN PT USAHA MIKRO DAN KECIL

2021 ◽  
Vol 5 (2) ◽  
pp. 202
Author(s):  
Diyan Isnaeni
Keyword(s):  
Government Regulation ◽  
Job Creation ◽  
Legal Protection ◽  
Limited Liability ◽  
Small Enterprises ◽  
Limited Liability Company ◽  
Legal Certainty ◽  
Business World ◽  
Limited Company ◽  
Micro And Small Enterprises

AbstrakDisahkannya PP Nomor 8 Tahun 2021 sebagai peraturan pelaksanaan UU Nomor 11 Tahun 2020 tentang Cipta Kerja yang melahirkan Perseroan Terbatas Usaha Mikro dan  Kecil sebagai etintas baru dalam dunia usaha di Indonesia, telah menunjukkan keseriusan Pemerintah Indonesia mendukung dan memberikan peluang sebesar-besarnya kepada Usaha Mikro dan Kecil untuk mengembangkan usahanya dan memberikan perlindungan hukum kepada badan hukum perorangan. Perseroan Terbatas Usaha Mikro dan Kecil dalam proses pendiriannya dapat dilakukan tanpa melalui perjanjian dan akta notaris dan hanya membuat surat pernyataan. Pendirian Perseroan Terbatas hanya melalui surat pernyataan tidak menjamin legalitas dokumen dan identitas pendiri. Legalitas Perseroan Terbatas akan diragukan dan beresiko karena bisa melakukan perbuatan melawan hukum, dan  konsekuensinya Perseroan Terbatas  sebagai badan hukum maka legalitas dokumen dan identitas pendiri harus dapat dipertanggungjawabkan. Sehingga dalam menjamin kepastian hukum dan perlindungan hukum, akta pendirian Pereroan Terbatas yang dibuat oleh Notaris tetap diperlukan untuk menjamin legalitas Perseroan Terbatas, keabsahan dokumen dan identitas pendiri walaupun hanya Perseroan Terbatas untuk Usaha Mikro Kecil.Kata Kunci: PT Perorangan, Usaha Mikro dan Kecil, Kepastian Hukum AbstractThe passing of Government Regulation Number 8 of 2021 as the implementing regulation of Law Number 11 of 2020 concerning Job Creation which gave birth to PT Micro and Small Enterprises as a new ethic in the business world in Indonesia, has shown the seriousness of the Indonesian Government to support and provide the greatest possible opportunity for Micro and Small Enterprises to develop their business and provide legal protection to individual legal entities. In the process of establishing a Limited Liability Company, Micro and Small Enterprises can be carried out without going through a notarial agreement and deed and only making a statement letter. The establishment of a Limited Liability Company only through a statement letter does not guarantee the legality of the documents and the identity of the founder. The legality of a Limited  Company will be doubted and at risk because it can commit acts against the law, and the consequence is that the Limited Company is a legal entity, the document legality and identity of the founder must be accounted for. So that in guaranteeing legal certainty and legal protection, a Limited Liability Company establishment deed made by a notary is still needed to guarantee the legality of the limited Company, document validity and the identity of the founder even though it is only Limited Liability Companies for Micro and Small Businesses.Keywords: Individual Limited  Companies, Micro and Small Enterprises, Legal Certainty

scholarly journals Ketentuan Hukum Mengenai Mangkir dalam Omnibus Law

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 466
Author(s):  
Febri Jaya ◽  
Alvin Lauw
Keyword(s):  
Job Creation ◽  
Labor Regulation ◽  
Specific Time ◽  
Legal Research ◽  
Employment Agreement ◽  
Time Work ◽  
Laws And Regulations

The number of existing regulations in Indonesia often has the effect of reducing the effectiveness of implementing laws and regulations due to the overlap between regulations. With the enactment of Act Number 11 of 2020 on Job Creation, many labor regulation have been changed, one of which is related to a specific time work agreement. Therefore, this study aims to conduct a study on change to the provision in the employment agreement for a certain period of time, which certainly affects the rights and obligation between worker and employment, this change must be understood by both worker and employment. Through normative legal research, it can be seen that there are a number of things that need to be discussed in relation to the enactment of Act Number 11 of 2020 on Job Creation. As a result of discussion, this study describes absenteeism and the rights of employment if the worker terminates the employment agreement for a certain period of time before the end of the agreement.

THE IMPORTANCE OF THE LAW "ON OPERATIONAL INSPECTION ACTIVITIES" IN THE IMPLEMENTATION OF PREVENTION OF OFFENSES

2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Joint Work ◽  
Basic Principles ◽  
The Law ◽  
Causes Of Crime ◽  
Prevention Of Crime

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

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