Government Authority in Regulating Employment Relations between Employers and Workers/Laborers in Indonesia

Authors

  • Rika Jamin Marbun Universitas Pembangunan Panca Budi
  • Abdurrahman Harits Ketaren Universitas Pembangunan Panca Budi
  • Siti Nurhayati Universitas Pembangunan Panca Budi Indonesia

DOI:

https://doi.org/10.55227/ijhess.v2i3.307

Keywords:

Government Authority, Work Relations

Abstract

The working relationship between employers and workers/labourers is civil/private in nature because it was born after the existence of a work agreement. The existence of jobs, orders and wages as elements of work relations is left to the parties. The work agreement as the basis of the employment relationship is an autonomous rule for employers and workers/laborers in exercising their rights and obligations. However, work agreements do not fully contain private elements. The position of the worker/laborer and the entrepreneur is not balanced, for example in terms of "work" and "orders" the worker/laborer is in a weak position because the employer has previously determined it according to the type of work agreed upon. Likewise the issue of "wages", even though the entrepreneur has set the amount, it may not conflict with the provisions of labor regulations. Labor is very crucial because it is one of the main pillars in carrying out national development. Therefore, a heteronomous rule is needed as a safeguard in supervising the working relationship between the parties. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules. This raises the public aspect in the field of employment. This research will discuss the authority of the government in employment relations. The research method uses normative juridical with a focus on laws and regulations. The presence of the government is principally in order to monitor and balance the relationship between the two parties through labor law instruments that apply as heteronomous rules.

References

Ahmad Hunaeni Zulkarnaen, et al., (2016). Legal Protection of Workers in the Implementation of Industrial Relations. Padjadjaran Journal of Legal Studies, Vol 3 No. 2(416).

AR Budiono (2013). Meaning of "Order" as One of the Elements of Work Relations According to Law Number 13 of 2003 concerning Manpower. Arena of Laws, 5(2), 137-147.

Andriyeni, Dinda Nuuraannisaa Yura, Ratih Putri Budiyanti. (2015). Claiming the State's Responsibility for the Protection of Women Migrant Workers and Members of Their Families Notes on the Handling of Women's Solidarity Cases, Jakarta: Women's Solidarity, (8).

Asri Wijayanti, Suing the Concept of Employment Relations, Lubuk Agung, Bandung, 2011.

Djumadi, Labor Law, PT. Raja Grafindo Persada, Jakarta, 2004.

Erica Gita Mogi. (2017). Legal Protection for Workers Who Are Laid Off Unilaterally by Companies According to Law Number 13 of 2003 concerning Manpower. Lex Administrator. Volume V. Number 2.

FX. Djumialdji, Work Agreement, Sinar Graphic, Jakarta, 2005.

G. Kartasapoetra, and Rience Indraningsih, Fundamentals of Labor Law, Armico, Bandung, 1982.

Imam Soepomo, Introduction to Labor Law, Djbatan, Jakarta, 1999.

Kasyful Mahlli. (2015). The Welfare State in the Context of Regional Development. Journal of Economics, Vo. 18 No. 1(44).

Lanny Ramly, Juridical Character of the Authority of Civil Servant Mediators in Settlement of Industrial Relations Disputes, Dissertation, Postgraduate Program, Airlangga University, Surabaya, 2010.

Lalu Husni, Introduction to Indonesian Labor Law, PT. Raja Grafindo Persada, Jakarta, 2003.

Lexy J. Moelong, Qualitative Research Methodology, Rosdakarya Youth, Bandung, 2017.

Miriam Budiardjo, (1992), Fundamentals of Political Science, Gramedia, Jakarta, 1992.

Novi Eriza. (2016). Responsibility for Compensation for Unilateral Termination of Employment Contracts Against Workers by PT. Sucofindo Episi Pekanbaru City Based on Law Number 13 of 2003 concerning Manpower. JOM Faculty of Law. Volume III. Number 2.

Payaman Simanjuntak, Industrial Relations Management, Sinar Harapan Library, Jakarta, 2003.

Peter Mahmud Marzuki, Legal Research, Kencana, Jakarta, 2007.

Philipus M Hadjon, Legal Protection in the Pancasila Law State, Armico, Bandung, 2003.

Prajudi Atmosudirdjo, State Administrative Law, Ghalia Indonesia, Jakarta, 1995.

Ridwan HR, State Administrative Law, PT Raja Grafindo Persada, Jakarta, 2013.

Saprudin. (2012). Socialization of the Labor Law Process in the Wages Policy Aspect. Law Platform, Vol. 24, No. 3.

Sendjun H. Manulang, Fundamentals of Labor Law in Indonesia, Rineka Cipta, Jakarta, 1990.

Sinda Eria Ayuni et al. (2019). Regional Government Authorities in Arranging the Prohibition of Detaining or Keeping Workers' Original Documents by Employers (Journal of Scientific Legal Legalityvol. 27, No.1, (2).

Soejadi, Pancasila as a Source of Indonesian Law, Lukman Offset, Yogyakarta, 1999.

Soerjono Soekanto, and Sri Mamudji, Normative Legal Research: A Brief Overview. PT Rajagrafindo Persada, Jakarta, 2003.

Soewono, DH (2019). The Role of Trade Unions in Creating Industrial Relations in Companies. Kediri Unique Law Journal (21), 1-13.

Sugeng Santoso. (2019). Characteristics of Industrial Relations Court Procedural Law. Jatiswara Law Journal, Vol. 34 No. 1(14).

Sunaryati Hartono, Legal Politics Towards a National Legal System, Alumni, Bandung 1991.

Suwarto, Industrial Relations in practice, Association of Industrial Relations (AHII), Jakarta, 2003.

Law No. 13 of 2003 concerning Manpower

Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes

Yusuf Randy. (2020). Implementation of Collective Agreements in the Form of Providing Compensation for Termination of Employment Contrary to Labor Laws. Journal of De'rechtsstaat Law, Volume 6, Number 1 (37).

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Published

2022-12-02

How to Cite

Rika Jamin Marbun, Abdurrahman Harits Ketaren, & Siti Nurhayati. (2022). Government Authority in Regulating Employment Relations between Employers and Workers/Laborers in Indonesia. International Journal Of Humanities Education and Social Sciences, 2(3). https://doi.org/10.55227/ijhess.v2i3.307

Issue

Section

Social Science