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All Journal Jurnal Legisia Atthiflah: Journal of Early Childhood Islamic Education
Rachmat Ihya'
Universitas Sunan Giri Surabaya
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Legisia

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PERLINDUNGAN HUKUM PEKERJA KONTRAK BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 7/PUU-XII/2014 Rachmat Ihya'
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.247 KB) | DOI: 10.58350/leg.v14i1.159

Abstract

In human life, there are needs of life that cannot be avoided, which is to fulfill no other event except trying, either by entrepreneurship or by working with the status of a worker (laborer). Workers want a harmonious, comfortable work environment and meet a sense of justice without discrimination with the fulfillment of their rights, including the welfare of workers, but employers have a mindset of creating efficiency in all fields including the costs that must be incurred by employers. From this arose various per,origins between employers and workers, especially contract workers. This research uses normative methods with a normative juridical approach, a statutory approach as the main legal material and other materials related to research research results In accordance with the provisions of the Manpower Law that the term worker / contract laborer or Certain Time Work Agreement (PKWT) or Certain Time Work Agreement (PKWT) outsorcing, when working and bound by an employment agreement with employers are all entitled to legal protection that equal, at least equivalent to the rights of protection of workers Of Indefinite Time Work Agreement (PKWTT), both protection of working time, protection of overtime work, protection of rest and leave time, protection of work agreements, protection of wages, protection of decent living needs, protection of minimum wages, protection of holiday allowances, and protection of welfare stipulated through work regulations and collective labor agreements (PKB).
TELAAH HUKUM OMNIBUS LAW DAN PERLINDUNGAN TENAGA KERJA INDONESIA (Perspektif Undang-Undang No: 11 Tahun 2020 Tentang Cipta Kerja) Mohammad Bangsu; Rachmat Ihya'; Nor Cholis
JURNAL LEGISIA Vol 15 No 1 (2023): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v15i1.257

Abstract

Law Number 11 of 2020 concerning Job Creation, one of which regulates labor rights. Labor rights are the company's obligation to workers which must be protected by the State through law, therefore the state must be present to ensure that its citizens get their rights in working in order to meet the basic needs of citizens' lives so that the welfare of the Indonesian people can be achieved. This is in accordance with the 1945 Constitution, namely the state creates welfare and progress of the nation. The method in this study uses normative law, namely doctrinaire legal research methods or library research by analyzing the law as a primary source of law and literary literacy.  Theproblem caused by the enactment of Law Number 11 of 2020 concerning Job Creation is the reduction of labor rights, such as there are several articles that are deleted and added that are considered impartial to workers, for example in article 79 of the Job Creation Law, it is stated that overtime is carried out 4 hours in 1 day and 18 hours a week. The extended overtime time from the provisions of the Manpower Law 32/2003 states that overtime work time can only be done at most 3 (three) hours in 1 (one) day and 14 (fourteen) hours in 1 (one) week. In addition, the calculation of wages changes according to the company's ability and worker productivity, so it has the potential to be unsuitable for wages received by workers, to the threat of female workers because they do not get a salary when on menstrual and maternity leave.    
Co-Authors Haniyah Haniyah M Sifa Fauzi Yulianis Mohammad Bangsu Nor Cholis