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Journal : JOURNAL of LEGAL RESEARCH

Perlindungan Hukum Ketenagakerjaan Terhadap Gig Worker Di Event Organizer Daerah Khusus Ibukota (DKI) Jakarta Selatan Pada Era Revolusi Industri 4.0 Diadjeng Famelia Soerjadi; Abdullah Sulaiman; Diana Mutia Habibaty
JOURNAL of LEGAL RESEARCH Vol 3, No 3 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20322

Abstract

The Gig Economy facilitates job seeker to look for job quickly. Job with contract system has become interesting since 2017, and it becomes the main job. However, the development of manpower sector is not the same line with the appropriate regulation in protecting the freelance workers especially in the Event Organizer sectors. The Event Organizer company often neglect the worker’s rights & obligations, since both parties don’t make working agreement writtenly. But they apply confidence principle each other in making working agreement orally. Since from the dominant number of Event Organizer in South Jakarta legally is choosen as the research object. This research is trying to focus on the people who want to work at certain time with Event Organizer sector to understand the importance of working agreement legally. This research is using judicial research method with qualitative analysis namely the data collection technique is based on library research and interview the freelance workers randomly in the field.
Pemutusan Hubungan Kerja Lokal Dipekerjakan Oleh Perwakilan Negara Asing Di Indonesia Ferinda Khairunissa Fachri; Fitria Fitria; Diana Mutia Habibaty
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i5.22298

Abstract

This thesis focuses on employment termination conflicts between Indonesians and FCRs. Foreign Country Representatives argued that the Indonesia Industrial Relations Court lacks the authority to decide a quo issue since it has diplomatic and state immunity. This study uses normative legal approach and international and domestic law as sources. The 1961 Vienna Convention and the 1963 Vienna Convention, the International Labor Organization's Termination of Employment Convention 1982, and the United Nations Convention on Jurisdictional Immunities of States and Their Property 2005 are the primary sources of international law, while Indonesia's national laws are the Code of Civil Law, Act Number 2 of 2004 on Settlement of Industrial Relations (PPHI), Act Number 11 of 2020 on Job Creation, and a few others. The research also reviews three court decisions on Foreign Country Representatives' termination of employment with Indonesians and compares them to the aforementioned laws. This study found that terminated local employees can sue in Industrial Relations Court. Due to the defendants being foreign state representatives, the case must also comply with the employees' and Foreign Country representations' agreement (e.g. Embassy, Consulate). The Agreement between the two nations controls the Industrial Relations Court's authority in disputes involving Indonesian (local) workers and foreign country representations in Indonesia, as well as court judgements.