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Journal : Lareh Law Review

Perlindungan Hak Tenaga Kerja Penyandang Disabilitas Dalam Mendapatkan Pekerjaan Di Kota Padang Siregar, Ridwan Efendi; Khairani, Khairani; Fatimah, Titin
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.135-148.2024

Abstract

In general, this study aims to determine the protection of the rights of workers with disabilities in obtaining employment opportunities in the city of Padang and to find out the obstacles in obtaining employment opportunities in the city of Padang and their solutions. The formulation of the problem in this research is, first, how is the protection of the rights of workers with disabilities in getting work opportunities in the city of Padang? Second, what are the obstacles in protecting the rights of workers with disabilities in getting work opportunities in the city of Padang and efforts to solve them? This study uses empirical juridical research methods. The research results obtained were, firstly, protection of the rights of workers with disabilities in obtaining employment opportunities in the city of Padang, in this case, the Government through the Padang City Department of Labor and Industry formed a Disability Service Unit (ULD), condsucted outreach, appealed, provided training and debriefing of workers with disabilities and provide workplaces for persons with disabilities who choose to work in the informal sector. Second, there are obstacles in protecting the rights of workers with disabilities in getting work opportunities in the city of Padang, including the government being unable to intervene in companies, there are no sanctions for companies that do not implement these rules, and there is no clear valid data regarding the number of workers with disabilities. . The solutions that can be given are persuasively appealing to companies to employ people with disabilities, opening training, job training, the government must give appreciation or appreciation to companies that have employed people with disabilities. The conclusion in this study is that the protection of the rights of workers with disabilities in obtaining work opportunities in the city of Padang has not been implemented properly. Keywords : protection of rights, labor, persons with disabilities
Akibat Hukum Pemberlakuan Perjanjian Kerja Bersama Yang Habis Masa Berlakuknya Rivano, Magasky; Khairani; Fatimah, Titin
Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.1.73-84.2024

Abstract

The form of working relationship between employers and employees is an interdependent relationship. In this relationship, there is an imbalance in the bargaining position between workers and employers, so government intervention is needed to protect workers' rights. So, the government established regulations that require workers and employers to make collective bargaining agreements (PKB). This study uses a normative juridical method with a conceptual approach and a legal synchronization approach. The results of the study found that historically, there has been no clear regulation regarding the way out of expired collective bargaining agreements, and new collective bargaining agreements have not been agreed upon or ratified, both according to Permenaker No. 28 of 2014 and Article 123 of UU No. 13/2003. The legal consequences of the extension of the implementation of the expired Collective Labor Agreement are still valid in its enforcement because, in its implementation, it is in accordance with the rules in Permenaker No. 28 of 2014. However, it will cause potential problems with the renewal of the PKB, which will cause legal uncertainty. This will cause weak legal protection for workers and employers because there is no clarity regarding the maximum limit of enforcement of expired PKB, resulting in the degradation of the guarantee of rights and protection for workers. This uncertainty indicates the need for harmonization and synchronization in the arrangements related to the PKB, and if there is a dispute over industrial relations related to the PKB, it will be resolved quickly and effectively in accordance with the principle of dispute resolution itself.