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Journal : ULJLS

Embassy of Foreign Country as Employer Subject to Severance Payment Obligations Yusuf, Darmawan; Agusmidah, Agusmidah; Sirait, Ningrum Natasya; Uwiyono, Aloysius
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13017

Abstract

This research examines the employment agreements between foreign state representatives and local workers that are not related to diplomatic functions and therefore do not enjoy diplomatic immunity. While industrial relations disputes typically arise between workers and company management, there have been instances of labor disputes between workers and foreign state representatives. This creates a connection between Indonesia's legal system and the principle of diplomatic immunity in international law. Despite Indonesia's ratification of the Vienna Conventions of 1961 and 1963 through Law No. 1 of 1982, there is currently no specific national legislation governing privileges and immunities. As a result, labor disputes involving diplomatic immunity are dependent on court judgments. The focus of this research is on the severance payment obligations stipulated in labor laws and the responsibility of foreign embassies as employers in Indonesia to make severance payments. The research methodology employed is normative research with a legislative approach. Through qualitative data analysis, the following conclusions were drawn: First, the existence of pension programs does not automatically negate the right to severance pay that workers should receive upon reaching retirement age. Second, the Employment Law is inconsistent in regulating severance payments and pension guarantees as they were initially regulated separately.
Harmonious Industrial Relations in Increasing Company Productivity in The Era of Globalization Marbun, Rika Jamin; Agusmidah; Uwiyono, Aloysius; Affila
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16605

Abstract

The company plays a crucial role in driving Indonesia's economy, necessitating its sustainability for competitiveness in the global era. Company productivity, which hinges on worker welfare, is vital for maintaining a company's existence. Workers valued by their company will be more productive, as company productivity starts with work productivity. Achieving this requires tranquility and industrial peace in labor relations. This research explores the connection between worker and company productivity, and how company productivity can be achieved through harmonized industrial relations and strengthened communication in the globalization era. Using a normative juridical method, examining laws and regulations, the study highlights the importance of maintaining harmonious industrial relations for work and business peace. Equalizing perceptions between employers and workers and maintaining effective communication are crucial for this goal. Enhancing company productivity begins with business tranquility and aligns with improving workers' welfare. Such conditions are essential for sustaining the company as an economic driver in Indonesia. High productivity enables companies to exist and compete in the global era.