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Journal : Jurnal Krakatau (Indonesian of Multidiciplinary Journal)

Hukum Administrasi Negara Bidang Ketenagakerjaan Zaman Orde Baru, Era Reformasi Dan Era Digitalisasi Dalam Revolusi Industri 4.0. Dewi Oktavia; Junaedi; Sugeng Prayitno
KRAKATAU (Indonesian of Multidisciplinary Journals) Vol. 2 No. 1 (2024): Februari
Publisher : Desanta Publisher

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Abstract

This paper discussed the development of State Administrative Law in the field of employment from the New Order era to the era of digitalization and the Industrial Revolution 4.0. The paradigm shift of the night watchman state to field-based functions, such as Homeland Security and Administrator Welfare, affects state intervention in the private lives of citizens. The HAN aims to regulate government activities and create welfare for its people. The loss of the governor's authority in setting sectoral minimum wages was a result of the Job Creation Law, which led to a number of lawsuits in the State Administrative Court. During the New Order era, the Minister of Manpower set the wage policy, while the reform era brought significant changes in the government order, including the governor's authority in setting sectoral minimum wages. However, in the era of digitalization and Industrial Revolution 4.0, the Job Creation Law gives the governor full authority to set minimum wages, with direct impact on administrative decisions. In conclusion, HAN in the field of labor has not shown significant progress in developing the interests of citizens. In the reform era, the silence of state administrative officials is interpreted as approval, while the concept of omnibus law in legislation has an impact on the limited authority of government agencies and officials. State Administration Law Number 30 of 2014 is the legal basis for state administration in a substantive sense, while labor laws have a close relationship with HAN, especially regarding the determination of minimum wages.
Kepastian Hukum Terhadap Perlindungan Pekerja Dengan Perjanjian Pemborongan Muhamad Ali; Muh Nasir; Junaedi
KRAKATAU (Indonesian of Multidisciplinary Journals) Vol. 2 No. 1 (2024): Februari
Publisher : Desanta Publisher

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Abstract

Humans must work to fulfill their needs. To do this work, individuals enter into an employment relationship with an employer. The employment relationship can be established based on a contract. Whether it is a fixed-term employment contract or a temporary employment contract, there are also contracts made as part of an employment contract. Workers who work under contract agreements are also workers who need certainty of legal protection in order to realize the right to work that is decent for humanity. Changes to the provisions of contracts that have been completed by Law Number 13 of 2003 concerning Manpower after Law Number 6 of 2023 concerning State Regulations, and not Law Number 2 of 2022 concerning Manpower Law which became law, caused a lot of controversy. Using the normative juridical research method, the author will examine the extent to which this regulatory change creates legal certainty in protecting the rights of workers employed under an agreed contract. Based on research into the law, the author concludes that this latest law is likely to cause harm to employees whose status is a contractual agreement, hereinafter referred to as outsourcing. Therefore, according to the author, additional regulations are needed that contain detailed rules ranging from implementation requirements to sanctions against employers who violate the Regulation on the rights of workers through subcontracting or outsourcing contracts.