The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies ...to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.
Bipartite negotiations are an effort to resolve disputes that the parties must take in advance, as mandated in Article 3 of Law Number 2 of 2004. Suppose there is an agreement in bipartite ...negotiations. In that case, these agreements are written into a collective contract that is then registered with an industrial relations court to obtain a registration certificate. However, collective agreements that have been agreed upon and registered and have executorial legal force are still being sued by one of the court parties. The purpose of this study is to obtain an overview and analyze the concept of procedural law regarding the implementation of collective agreements with legal certainty in terminating employment in Indonesia. This research is legal research using a statutory approach, a conceptual approach, and a case approach—the collection of material through the literature study method, with primary and secondary legal materials. Furthermore, the traditional fabric is studied and analyzed by the approaches used in this study to answer legal issues in this study. In this article, the author offers 2 (two) procedural law concepts regarding the implementation of collective agreements. First, a lawsuit for disputes that have been resolved through a cooperative agreement may not be accepted by the court, and the judge does not need to process the case further. Still, a file research process is sufficient to explore the main problem of the parties, if the problem is related to one of the parties breaking the promise by referring to the recorded evidence issued by the same court, the Panel of Judges is sufficient to hold a deliberation and only determine with a single judge that the case has been resolved and choose the order for execution. The second concept is that the lawsuit is still being processed. Still, it is only continued until the interim decision stage if, at the initial examination stage, it is known that the dispute has been resolved through a collective agreement. This is far more effective, efficient and fair, and provides legal certainty for the parties.
Bipartite, Legal certainty, Collective agreement, Termination of employment.
Intern training program outside Indonesia region as a form of manpower development has significant role to overcome the high unemployment rate in Indonesia. In its implementation, the problem occurs ...wgen the participant of intern training program run away from the program or used to be called as illegal intern trainee. This paper aims to know and understand the existence of illegal intern trainee including the impacts, as well as legal actions that can be taken by Indonesia government to overcome the problems. This study is based on normative juridical approach with primary and secondary data sources. The study shows that the existence of illegal intern trainee that violate Indonesia’s and accepting country’s regulations causes loss of rights of the participant as intern trainee. As a consequence, ocupational safety facilities, and insurance assistance in the case of work accident, illness, nor mortality can not be accomodated, nonetheless assistance can still be given in the context of the illegal intern trainee status as Indonesian citizen. The Ministry of Manpower of the Republic of Indonesia can take preventif actions in the form of supervision and development and represive legal action by temporary revocate the sending organization’s license. In the other hand, the Ministry of Foreign Affairs of the Republic of Indonesia can take represive legal actions in the form of legal assistance, aid, including return assistance.How to Cite Item: Zulfakanti, B., Karsona, A., Singadimedja, H. (2021). Eksistensi peserta pelatihan kerja program pemagangan ilegal luar negeri khususnya di Jepang. Jurnal Cakrawala Hukum, 12(2), 139-149. doi:https://doi.org/10.26905/idjch.v12i2.4830
Seafarers is one of the profession of maritime sector that play most important roles in shipping activity in Indonesia. Due to the unpredictability of weather, mightiness of the sea and other ...unpredictable factors made the work of seafarers full of risk. The risk of seafarers profession made anyone who works on the sea should be protected. Thus, there should be seafarers employment agreement between the shipowner and the seafarers. The main purpose of this study is to find out the legal protection of seafarer since the agreement concluded until the end of the employment agreement and also to know what the legal action that can be done by seafarer if one of its rights is not fulfill so they can not reach their welfare. This study is based on juridis-normative approaach that use primary and secondary data sources. The result of this study shows that remuneration aspect, sosial benefits and mechanism of employment termination factors are so important to determine seafarers walfare. Based on on the reasearch, dispute between the employment and the employer can be solved in industial relations court. How to cite item: Pramuditya, A., Karsona, A., Singadimedja, H. (2020). Perlindungan hukum anak buah kapal dalam aspek kesejahteraan di bidang hukum ketenagakerjaan. Jurnal Cakrawala Hukum, 11(2), 136-146. doi:https://doi.org/10.26905/idjch.v11i2.4100
Problems of neutrality of civil servants will always occur when the meaning of neutrality is not in sync with the norms. In order to evaluate governance, the meaning of neutrality should be broader ...and more functional towards the legal relationship in the context of public official relation in the field of civil servants law. Substantially, the focus of Law Number 5 Year 2014 concerning Civil State Apparatus just make civil servants as an object of neutrality, regardless of the dynamic activity of practical politic intervention. It should be underlined that the role of civil servants in government always correlate with many interested parties. If neutrality is not matched by standard criteria and restrictions, it is very possible neutrality principle only be a slogan with minimum implementation.
Protection of female workers in Cianjur District is indeed necessary, especially when working abroad. One of the problems is when there are many migrant workers who give birth to children out of ...wedlock and return to Indonesia without their husband. The purpose of this study was to determine the legal protection illegitimate child born by Women Workers in Cianjur Regency and to know the role of the government to cope with unmarried children born by Women Workers in Cianjur District. The study was analytical descriptive with the method of this research approach through normative juridical. The results of the study found that legal protection for illegitimate child born by Indonesian Female Workers in Cianjur has a regulation protecting it, namely Article 28 of the 1945 Constitution, Law No. 35 of 2014 concerning Child Protection, Article 43 paragraph (1) of the Marriage Law and Constitutional Court Decision No. 46 / PUU-VIII / 2010. The role of the government in protecting extramarital children born by Indonesian Workers in Cianjur, West Java is not optimal. The role of the village government is very helpful for women migrant workers, namely finding companies that will send their citizens. Whereas illegitimate child born by migrant workers can be protected one of them by smoothing all administrative processes for these children such as issuing a free birth certificate.
This study aims to explore the correlation between the UNGPs and casual workers toiling precariously in oil palm plantation in Indonesia. The analysis is built from qualitative research which led to ...an exploratory study with data from interview, various secondary references related to the UNGPs interpretation and implementation, as well as reports on oil palm casual worker in Indonesia. We argue that the UNGPs, while promising to improve respect to human rights by corporations, still overlook the actual precarious situation faced by casual workers. This research is relevant for further study of the field of business and human rights, in particular on issues related to the rights of casual workers. Although the context of this study is on oil palm sector and Indonesia, the analysis might contribute to any discussion related to casual worker and/or gig workers in other sectors and other developing countries. At the time of the writing, the authors have not seen any similar efforts finding linkages between the UNGPs and casual worker.
This article aims to analyse and refute one concern from the Government of Indonesia (GoI) that implementation of UNGPs on Business and Human Rights (BHR) might hamper the goal for Indonesia to be in ...the top 40 of Ease of Doing Business (EDB) rank. In particular, the article will analyse whether there are indications that BHR will create another barrier for EDB. The rebuttal is built from qualitative research which led to an exploratory study with data from interview, various secondary references related to BHR interpretation and implementation, human rights instruments, as well as the World Bank reports on EDB and Indonesia. We argue that, a growing global trend on BHR that cannot be ignored by EDB Index. Especially since EDB indicators have direct and indirect correlations with human rights. Furthermore, countries in the top 40 EDB ranks take BHR seriously and do not consider it as an obstacle. Thus, the authors would like to attest whether or not GoI concern is warranted. This article is relevant for further study the field of human rights, in particular on issues related to human rights responsibility of non-state actors, including International Finance Institutions. Although the study is specifically about Indonesia but the analysis might contribute to public policy discussion in other WB borrower countries that face the same dilemma. At the time of the writing, no similar efforts of finding linkages between UNGPs and EDB Index have been found.
Salah satu bentuk penyelesaian sengketa alternatif yang biasa digunakan adalah melalui mediasi. Mediasi ini secara langsung merupakan suatu kewajiban yang harus dilakukan dalam proses persidangan di ...pengadilan. Instansi yang bertanggung jawab di Bidang Ketenagakerjaan Kabupaten/ Kota yang berwenang untuk menerima pencatatan perselisihan hubungan industrial dan melakukan mediasi adalah instansi yang bertanggung jawab di Bidang Ketenagakerjaan Kabupaten/Kota tempat pekerja/buruh bekerja. sejauh mana kesiapan Disnakertrans dalam menghadapi konfl ik antara buruh dan perusahaan di masa pandemi. Penelitian ini menggunakan metode yuridis normatif dengan spesifi kasi penelitian deskriptif analitis. Berdasarkan uraian di atas maka sesuai dengan ketentuan Undang-undang No. 2 Tahun 2004 Tentang Penyelesaian Hubungan Industrial maka Disnakertrans memiliki peranan yang penting dalam menyelesaikan perselisihan hubungan industrial melalui proses mediasi, hal ini membuktikan pemerintah juga (dalam hal ini Disnakertrans) mendukung proses penyelesaian arbitrase, konsiliasi dan bipatride. Proses tersebut sangat berpengaruh besar terhadap penyelesaian suatu permasalahan hubungan industrial dan proses yang kerap dipakai untuk menyelesaikan tersebut adalah mediasi. Kelancaran mediasi sangat berpengaruh terhadap peranan mediator yang terampil dan pakar untuk menyelesaikan suatu masalah, namun hambatan mediasi di Disnakertrans ini adalah minimnya jumlah mediator tidak sebanding dengan jumlah perkara Perselisihan Hubungan Industrial yang masuk dan perlu diselesaikan.
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