scholarly journals PERUBAHAN STATUS HUBUNGAN KERJA PEKERJA PERUSAHAAN PENYEDIA JASA PEKERJA DALAM HUKUM KETENAGAKERJAAN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Miftakhul Huda
Keyword(s):  
Employment Status ◽  
Service Providers ◽  
Labor Law ◽  
Legal Protection ◽  
Employment Law ◽  
Basic Principles ◽  
Employment Agreement ◽  
Labor Service ◽  
Work Relationship ◽  
The Government

Regulation of service providers working in employment law is always opposed to thenorms and principles of law. The existence of labor service company that can not beseparated in the dynamics of development in the Indonesian labor force of restrictionsare clear and precise in the formulation of legislation. Changes in employment status asone of the forms of legal protection of workers' labor service provider is one of therestrictions set by the Government through Act No. 13 of 2003 on Labour in particularlabor relations agreements. Given the setting in Employment Act can not be separatedfrom the basic principles of the agreement, then the restriction that there must still bebased on the basic principles. Protection laws enacted by not considering the basicprinciples of the law will only make the problem more complex labor and potentiallycreates new problems.Keyword :Labor law, work relationship, employment agreement

scholarly journals DINAMIKA PENGATURAN TENAGA KERJA ASING DI INDONESIA

2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Riza Fauziah Djazuli
Keyword(s):  
Unemployment Rate ◽  
Labor Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Legal Aspects ◽  
Employment Law ◽  
Foreign Workers ◽  
National Responsibility ◽  
Foreign Labor ◽  
Work Relationship

AbstractThe unemployment rate in Indonesia has soared high enough since August 2020 with a total of 9,77 million person, while data on foreign labor recorded in 2020 amounted to 98.902 person. From this data, foreign workers from China rank first, namely 35,781 people or the equivalent of 36.17%. The research purposes are, firstly, to analyze the legal aspects of foreign labor in terms of national responsibility which is closely related to Article 27 verse (2) of the Constitution of 1945; secondly, to analyze the efforts to protect Indonesian employment law in terms of the national responsibility which is closely related to Article 27 verse (2) of the Constitution of 1945. This research used descriptive analytical method with normative juridical approach. Aspects of foreign employment law in terms of national responsibility are seen in the regulation of the control of foreign labor which can only be done in a work relationship for a certain time. Even though this needs to be emphasized regarding legal protection and social welfare insurance like domestic workers. In addition, in terms of supervision of foreign workers, there should be no imbalance in rights and obligations between foreign workers and domestic workers.. Efforts to protect Indonesian labor law in terms of the national responsibility can be seen in the implementation of efforts to educate and train domestic labor in order to improve competency standards that are able to compete with foreign labor.AbstrakAngka pengangguran di Indonesia melonjak cukup tinggi terhitung sejak Agustus 2020 dengan jumlah 9,77 juta orang, sementara data Tenaga Kerja Asing (TKA) pada tahun 2020 tercatat berjumlah 98.902 orang. Berdasarkan data tersebut, TKA yang paling banyak di Indonesia berasal dari Negara China yaitu 35.781 orang atau setara 36,17%. Tujuan penelitian ini adalah, pertama untuk  menganalisis aspek hukum ketenagakerjaan asing ditinjau dari tanggungjawab negara yang memiliki kaitan erat dengan Pasal 27 ayat (2) Undang-Undang Dasar Tahun 1945; kedua untuk menganalisis upaya perlindungan hukum ketenagakerjaan Indonesia ditinjau dari tanggungjawab negara yang memiliki kaitan erat dengan Pasal 27 ayat (2) Undang-Undang Dasar Tahun 1945. Penelitian ini dilakukan dengan metode deskriptif analitis menggunakan pendekatan yuridis normatif. Aspek hukum ketenagakerjaan asing ditinjau dari tanggungjawab negara dilihat pada pengaturan atas pengendalian TKA yang hanya dapat dilaksanakan dalam hubungan kerja pada waktu tertentu. Malahan perlu ditekankan mengenai perlindungan hukum dan jaminan kesejahteraan sosial layaknya tenaga kerja dalam negeri. Selain itu, dalam hal pengawasan tenaga kerja asing seharusnya tidak ada ketimpangan hak dan kewajiban antara tenaga kerja asing dan tenaga kerja dalam negeri. Upaya perlindungan hukum ketenagakerjaan Indonesia ditinjau dari tanggungjawab negara ini dapat dilihat pada implementasi mengenai upaya mendidik dan melatih tenaga kerja dalam negeri guna meningkatkan standar kompetensi yang mampu bersaing dengan tenaga kerja asing.

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 KASUS PT PANCA PUJI BANGUN DI SURABAYA DIKAITKAN DENGAN PASAL 91 AYAT (1) JO PASAL 185 UNDANG-UNDANG NOMOR 23 TENTANG KETENAGAKERJAAN

Yustitia ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 37-48
Author(s):  
Eri Eka Sukarini
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
Labor Law ◽  
Minimum Wages ◽  
Employment Agreement ◽  
Differences Of Opinion ◽  
Work Relationship

A work relationship is a relationship between a worker / laborer and an employer / employer that occurs after the employment agreement or based on a work agreement that has elements of work, wages and orders. Therefore, legal relations between workers and employers are bound by the existence of a work agreement. The purpose of this article is to report how to resolve industrial relations; to reveal wages according to the Labor Law; to report cases related to employment. The findings and discussion indicate that industrial relations disputes are differences of opinion which result in conflicts between employers or joint entrepreneurs with workers / laborers or trade unions because of disputes regarding rights, interests, termination of employment, and disputes between trade unions in one company . The procedures for resolving Industrial Relations Disputes (PHI) are in accordance with Law Number 2 Year 2004 concerning Settlement of Industrial Relations Disputes (PHI Law), namely: Bipartite Negotiations, Tripartite Negotiations, Mediation, Councils, Arbitration, Industrial Relations Court. From the case of PT Panca Puji Bangun regarding the wages of workers / laborers not in accordance with Surabaya City Minimum Wages, the case was resolved through the Industrial Relations Court (PHI).

scholarly journals Legal Policy of The Government of Indonesia for the Protection of Non-Permanent Workers’ Rights

2017 ◽  
Vol 3 (4) ◽  
pp. 34-40
Author(s):  
Jelly Leviza ◽  
T. Keizerina Devi
Keyword(s):  
Government Policy ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Policy ◽  
Daily Work ◽  
Legal Norms ◽  
Employment Agreement ◽  
The Government ◽  
Permanent Workers ◽  
Ministerial Decree

Legal protection against a daily work is very urgent today given the increasing number of them. Governments have an obligation to ensure the protection of the rights of them. This study discusses two subjects. The first is the inventory of labour rights according to the constitution and rules of normative and the implementation for daily work. The second is the substance of the government’s policy to accommodate the protection of the rights of workers based on the Ministry of Manpower and Transmigration Republic of Indonesia Number: Kep.100 / Men/VI/2004 about the Provisions in the Implementation of Given Time Employment Agreement. The purpose of this study was to determine the protection of the constitutional and normative rights for daily workers. Next to determine the legal policy of the Indonesian government in providing protection to daily workers through Ministerial Decree No. 100/2004. Normative methods used to analyze the legal norms applicable in Indonesia governing the protection of daily workers. Based on this method, the portion of the protection of the rights of workers will be known. The results of this research are that the rights of an employee still do not fulfil the rights of workers constitutively and normatively. Government policy in the protection of daily workers was still not enough to provide legal certainty, usefulness, and fairness for workers. The government’s policy regarding the rights of daily workers still needs to be improved in order to accommodate the rights of daily workers.

scholarly journals The Implementation of Labor Development Principles According to Job Creation Law as a Reason to Protect Wages Rights

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 94
Author(s):  
Nur Putri Hidayah ◽  
Quincy R. Cloet ◽  
David Pradhan
Keyword(s):  
Family Members ◽  
Job Creation ◽  
National Development ◽  
Labor Law ◽  
Legal Protection ◽  
Legal Research ◽  
Basic Rights ◽  
The Government ◽  
Better Than

<p>Wages as labor’s basic rights have changed since the Job Creation Law was enacted. It is essential that wages be distributed following the principle of job creation to contribute to the national development for the whole people. This research aims to compare the regulation vis-à-vis legal protection and the implementation of the principles of labor development. With normative legal research and statutory approach, this research reveals that the legal protection regarding wages in the new regulations are not far better than the former ones. The wage policies that were initially stipulated explicitly in the Labor Law were revoked from the Job Creation Law, where the labor principles are not applied. With the protection not better than that of the former regulation, it is implausible to improve the welfare of workers and their family members. Supervision conducted by the government is required to ensure that labor’s rights to wages are protected.</p><p><strong>Keywords</strong><strong>:</strong> Wages; Development of Labor; Job Creation.</p>

scholarly journals A critical study of the Job Creation Law No. 11 of 2020 and its implications for labor in Indonesia

2021 ◽  
Vol 10 (5) ◽  
pp. 195-206
Author(s):  
Adnan Hamid
Keyword(s):  
Community Involvement ◽  
Job Creation ◽  
Labor Law ◽  
Legal Protection ◽  
Labor Rights ◽  
Critical Study ◽  
The People ◽  
Bargaining Position ◽  
The Government ◽  
Democratic Principles

This study aims to examine the Job Creation Law No. 11 of 2020 which contains the interpretation, position, and implications of the Act on employment in Indonesia. The research method used is normative legal research, and the findings of the research are the Job Creation Law No. 11 of 2020 is considered to have tended to ignore labor rights. This law was formed and ratified as a labor law, which is still considered far from the wishes of the people who adhere to democratic principles. This is due to the lack of optimal community involvement in the drafting process so that this law has very implications for workers. For example, workers do not have a strong bargaining position in labor law in Indonesia. Therefore, it is necessary to develop a manpower law that is in line with the mandate of the Preamble and the 1945 Constitution as a basis for the government and parliament in making laws and regulations and at the same time providing legal protection, especially for workers or laborers and employers simultaneously in order to create a society that is prosperous, and evenly distributed both materially and spiritually.

scholarly journals Alignment of Outsourcing Agreement on Protection Law and Justice

2017 ◽  
Vol 1 (1) ◽  
pp. 23
Author(s):  
Niru Anita Sinaga ◽  
Basuki Rekso Wibowo ◽  
Sri Gambir Melati Hatta ◽  
Fauzie Yusuf Hasibuan
Keyword(s):  
Bargaining Power ◽  
Labor Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Comparative Law ◽  
Contract Law ◽  
Freedom Of Contract ◽  
Employment Agreement ◽  
Pros And Cons ◽  
Law And Justice

<p align="justify">One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.</p>

scholarly journals Implementasi UU Nomor 39 Tahun 2004 terhadap Tenaga Kerja Indonesia di Luar Negeri

2019 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
Vinni Dini Pratiwi ◽  
Suharno Suharno
Keyword(s):  
Data Analysis ◽  
Labor Law ◽  
Legal Protection ◽  
Job Security ◽  
Labor Protection ◽  
Employment Relations ◽  
Analysis Method ◽  
The Government ◽  
Work Abroad ◽  
North Sumatra

Indonesian labor is a term for low-skilled and unskilled Indonesian citizens who work abroad in employment relations for a certain period of time with wages. Legal protection for Indonesian Workers' Rights has not gone well, the need for guidance on the meaning of labor law for Indonesia, this undermines Indonesian Workforce and eliminates job security for Indonesian workers while abroad, the obstacles to implementing Indonesian legal protection for workers are mistakes that conducted by Indonesia, namely Manpower does not report problems to the Government of Indonesia in connection with the employment of Indonesian Workers. The purpose of this research is to find out more clearly and broadly about the protection of Indonesian workers working abroad who are carried out by the terrace of the Ministry of Placement of Protection of Indonesian Workers in North Sumatra Province. The method carried out in this study is descriptive qualitative methods related to data collection and identification. Data analysis method uses data reduction and research instruments, namely interviews and documentation. The results of this study indicate that the Indonesian Labor Protection Placement Service has carried out its duties with the policy of Law No. 39 of 2004 concerning the placement and protection of Indonesian workers abroad. In carrying out its duties there are obstacles faced in providing legal protection to the state labor force.

scholarly journals Asas-Asas Umum Pemerintahan yang Baik dalam Pelayanan Publik

2019 ◽  
Vol 2 (3) ◽  
pp. 541-557
Author(s):  
Solechan Solechan
Keyword(s):  
Welfare State ◽  
Public Service ◽  
Service Provider ◽  
Service Providers ◽  
Good Governance ◽  
Legal Protection ◽  
Legal Norm ◽  
History Of ◽  
The Government ◽  
Important Position

Abstract AAUPB (Asas asas umum pemerintahan yang Baik)  has a long journey from the beginning of its birth in the Netherlands to its application in Indonesia today. AAUPB at first was only in the theoretical realm and then entered into law until AAUPB got a very important position in Law No. 30 of 2014. Initially, AAUPB was intended as a means of legal protection or rechtsbescherming and was even used as an instrument to increase legal protection or rechtsbescherming for citizens from government actions. AAUPB is then used as the basis for judgments in the judiciary and administrative efforts, as well as an unwritten legal norm for government actions  The history of the development of AUPB in Indonesia can be seen from the development of the AUPB principle in various laws and regulations, the practice of implementing the AUPB in court decisions or jurisprudence and doctrine. The development of the AUPB principle arrangement had found an increasingly strong momentum when the Government Administration Act was passed in 2014. As a result of the adoption of the concept of the welfare state, the state must fulfill the welfare of the community, one of which is through public services. With the AAUPB, it is expected that the government as a public service provider, can accept the AAUPB as a legal norm that must be used as the basis by the civil service provider in carrying out its authority, as well as a means for citizens to sue deviant public service providers. Keywords: General principles of good governance, public service. Abstrak Asas-asas umum pemerintahan yang baik (selanjutnya disebut AAUPB) lahir dari praktik penyelenggaraan negara dan pemerintahan sehingga bukan produk formal suatu lembaga negara seperti undang-undang. Asas-asas umum pemerintahan yang baik dapat dipahami sebagai asas-asas umum yang dijadikan sebagai dasar dan tata cara dalam penyelenggaraan pemerintahan yang layak, yang dengan cara demikian penyelenggaraan pemerintahan itu menjadi baik, sopan, adil, dan terhormat, bebas dari kezaliman, pelanggaran peraturan, tindakan penyalahgunaan wewenang dan tindakan sewenang-wenang. Sejarah perkembangan AUPB di Indonesia dapat dilihat dari perkembangan prinsip AUPB dalam berbagai peraturan perundang-undangan, praktik penerapan AUPB dalam putusan pengadilan atau yurisprudensi serta doktrin. Perkembangan pengaturan prinsip AUPB menemukan momentumnya yang semakin kuat, tatkala UU Administrasi Pemerintahan disahkan pada tahun 2014. Sebagai akibat dari dianutnya konsepsi welfare state maka negara memiliki kewajiban untuk memenuhi kesejahteraan masyarakat salah satunya melalui pelayanan publik. Dengan adanya AAUPB diharapkan pemerintah sebagai pemberi pelayanan publik dapat menerima AAUPB sebagai norma hukum yang harus dijadikan dasar oleh penyelenggara pelayanan publik dalam menjalankan kewenangannya, sekaligus sarana bagi warga negara untuk menggugat penyelenggara pelayanan publik yang menyimpang. Kata Kunci : Asas-asas umum pemerintahan yang baik, Pelayanan Publik

scholarly journals Work Relationship Terminated Employees Legal Protection To Get Severance Payment From PT. Kertas Lecess Related To Law Of Bankruptcy And Law Of Labor

2020 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Susilawati Ussy RafaRayya
Keyword(s):  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Economic Aspects ◽  
Economic Point ◽  
Work Relationship ◽  
The Government ◽  
Arbitrary Action ◽  
Debt Payment

This research titled is work relationship terminated employees legal protection to get severance payment from PT. Kertas Lecess related to law of bankruptcy and law of labor. The position of the worker or labor can be seen in two aspects, namely in terms of juridical and socio-economic aspects. From a socio-economic point of view, workers need legal protection from the state for the possibility of arbitrary action by entrepreneur. The form of protection provided by the government is by making regulations that bind workers and employeee, in this case there is Law Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment Jo. Law Number 13 of 2003 concerning Labor Jo. MK Decision No. 67 / PUU-XI / 2013PT. The regulation is used as a basis for employees of PT. Kertas Lecess to sue the BUMN to be declared bankrupt and responsible for paying severance for its employees. PT. Kertas Lecess is a state-owned enterprise (BUMN), which went bankrupt in September 2019. There are around 1800 workers who must receive termination of employment. The value of severance payment for workers affected by layoffs is around Rp. 300 billion. Employees affected by layoffs protest because they have not received severance payment and even 1,900 employees who have not received their salary for 4 years. PT. Kertas Lecess was decided  bankrupt by the Surabaya Commercial Court as a result of the cancellation of the peace proposal submitted by 15 of his employees on September 25, 2018. With the above considerations, the Panel of Judges of the Surabaya District Court, decided to grant the request for a cancellation of peace (Homologation) and stated that PT. Kertas Lecess is proven guilty of negligence for the non-payment of the salaries of PT. Kertas Lecess employees.

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