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All Journal LAW REFORM Badamai Law Journal WAJAH HUKUM Legal Standing : Jurnal Ilmu Hukum Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Legal Spirit Jurnal Ilmiah Wahana Pendidikan Devotion: Journal of Research and Community Service Jurnal Bedah Hukum JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Hukum Mimbar Justitia Binamulia Hukum
Santoso, Imam Budi
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Journal : WAJAH HUKUM

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Dampak Kebijakan Alih Daya Undang-Undang Cipta Kerja terhadap Tenaga Kerja di Indonesia Suryanto, Tri; Santoso, Imam Budi
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1486

Abstract

The presence of the Job Creation Law has backfired on the current employment system in Indonesia. The reason is, the presence of the Job Creation Law has become a worry for most Indonesian people, especially workers. In the Job Creation Law in the employment cluster, the public considers that there are many articles that are considered to have the potential to violate workers' rights, such as the regulation of outsourcing as regulated in the previous law, namely the Employment Law. In the Manpower Law, only certain jobs that are not included in the main activities or production processes may be outsourced, except for supporting functions. However, in the Job Creation Law, there are no restrictions on the types of work that can be done by outsourced workers. This happened because Articles 64 and 65 were deleted, as well as modifications to Article 66 in the Manpower Law. Thus, the new regulations allow for an expansion in the scope of work that can be outsourced, including the elimination of permanent job security, thereby allowing all types of work to be carried out through outsourcing.
Problematika Perundingan Perjanjian Kerja Bersama Antara Pengusaha dengan Serikat Pekerja dalam Rangka Mewujudkan Kepastian Hukum (Ditinjau dari Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja) Suryanto, Tri; Santoso, Imam Budi; Tinambunan, Wahyu Donri
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1647

Abstract

The implementation of Law Number 6 of 2023, which pertains to Job Creation, has ushered in notable transformations within the employment landscape. The negotiation process for Collective Labor Agreements frequently embodies a complex interplay and conflict of interests between employers and labor unions. Following the implementation of the Job Creation Law, there has been a noticeable widening of disparities in the negotiation content for Collective Labor Agreements. Numerous instances have been observed where negotiations falter and fail to culminate in an agreement before the expiration of the deadline. This study is conducted using a normative juridical approach, focusing on legal analysis through the examination of library resources or secondary data. This study employs an analytical descriptive approach, aimed at offering a detailed examination of the subject matter through the analysis of collected data or samples. This method is particularly applied to explore the dynamics of Collective Labor Agreement negotiations involving employers and trade unions. The investigation took place at PT Astra Nippon Gasket Indonesia, located in Karawang Regency. What influences collective labor agreement negotiations to be hampered are internal factors (differences in interests, wages, termination of employment, inequality and discrimination, changes in policies or working conditions, and trade union membership) and external factors (company intervention, workload, laws and regulations). Consequences if the Collective Work Agreement negotiations are not completed by the agreed time limit and it turns out that no agreement (deadlock) has been reached regarding the substance of the new PKB (next period), then based on Article 123 paragraph (4) UUK by law the PKB currently in force remains in effect for a period of time. a maximum of 1 (one) year. PKB is not just an agreement (in the company), but in time it will become a norm and customary law in a certain scope (contractualist model). In this case, statutory regulations provide legitimacy (binding legal force) for a PKB to remain valid as a custom within the specified period.
Co-Authors Abas, Muhamad Ade Maman Suherman Agusmidah Agusmidah Anita Rahman Ansari, Teuku Syahrul Arafat, Muhammad Rusli Astawa, I Ketut Asy Syafa, Adia Surya Azizah, Faiqah Nur Damiri, Damiri Divanadrata, Alifaini Effendi, Ria Regger Farhani, Athari Hadi, Agustinus Purnomo Hambali Hambali Ibrahim Ibrahim Khakim, Abdul Kurnia, Asep Lestari, Anita Dwi Lestari, Rr. Winarti Pudji Mubina, Rohendra Fatham Muhamad Abas Nabila, Jihan Sulistia Nopianti, Wike nur rizki, Raden achmad Rahmatullah Rahmatullah Ridwan, Ridwan Singadimeja, Holynes Suryanto, Tri Taun, Taun Tinambunan, Wahyu Donri Tri Setiady, Tri Triyunarti, Wiwin