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VOL. 6, ISSUE 5 (2020)
Reconstruction of the law politics on the protection of workers in employment termination disputes in Indonesia based on justice value
Authors
Muhammad Ngazis, Noor Hadi, Gunarto, Amin Purnawan
Abstract
Industrial relations in Indonesia often set labor or workers' rights aside. One of these practice can be seen in Article 163, Article 164, and Article 165 of Law Number 13 of 2003, both Article 163, Article 164, and Article 165 of Law Number 13 of 2003, where dismissal only rests on the position of the entrepreneur, either due to losses, changes in business status, to bankruptcy, employers can do unilaterally layoffs without considering the position of workers. This problem is then are examined further in a study with the subject matter of why the implementation of labor protection policies in disputes over the termination of employment in Indonesia is currently not fair and how is the reconstruction of labor protection policies in an Industrial disputes based on the value of justice. The method of research used in this research is juridical-empirical where the research type is qualitative research with a sociological juridical approach (Socio-Legal Approach). As for the research conducted by this author, it is found that during this time, the implementation of the settlement of work relations has mostly only prioritized the interests of entrepreneurs, while workers are often ignored, this is because with layoffs workers always lose their livelihoods, jobs, and also get severance. in accordance with the provisions in Law no. 13 of 2003 where its weaknesses, one of which is the implementation of industrial relations court decisions that are reluctant to be carried out because there are no compelling sanctions if the judicial decisions are not carried out. The factors that cause injustice in the matter of dismissal of workers are legal factors, the role of labor organizations, economic factors, and political factors. So it is necessary to carry out reconstruction in Article 163, Article 164, Article 165 of Law Number 13 of 2003 and Article 58 and Article 98 of Law Number 2 of 2004 so that it can better reflect the justice value.
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Pages:395-399
How to cite this article:
Muhammad Ngazis, Noor Hadi, Gunarto, Amin Purnawan "Reconstruction of the law politics on the protection of workers in employment termination disputes in Indonesia based on justice value". International Journal of Law, Vol 6, Issue 5, 2020, Pages 395-399
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