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All Journal Jurnal Suara Hukum International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Siagian, Daniel Alexander
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Other

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Legal Protection of Labour’s Freedom of Union Againts Union Busting in Indonesia Al Uyun, Dhia; Buryahika, Edgar; Siagian, Daniel Alexander
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p279-297

Abstract

Freedom of association, assembly and expression is part of human rights that must be respected, fulfilled and protected. Constitutionally, freedom of association for workers/laborers has been guaranteed in Article 28E paragraph (3) which confirms that everyone has the right to freedom of association, assembly and opinion. Basically, trade unions / labor unions are organizations formed from, by, and for workers/workers both in the company and outside the company that are free, open, independent, democratic and responsible in order to fight, defend and protect the rights and interests of workers/workers and improve welfare. However, in practice there are various forms of violation of freedom of association for workers, one of which is the suppression of trade unions (Union Busting) which is often intended as an effort to weaken the bargaining position of workers against the company. Union Busting is a restrictive measure against the establishment and implementation of workers ' freedom of association, beginning with discrimination against workers. Union busting actions carried out by employers against unions, are usually carried out through unilateral layoffs, demositions, and mutage of positions. The restriction of freedom of association is contradictory as Article 104 Paragraph (1) of Law No. 13 of 2003 concerning manpower confirms that every worker/worker has the right to form and become a member of a trade union/trade union. Legal protection is the protection of human dignity and recognition of human rights owned by legal subjects based on legal provisions and as a collection of laws or rules that will be able to protect one thing from another. Legal protection is an effort to prevent and overcome the violation or non-fulfillment of the rights of legal subjects. Legal protection against Union Busting is actually needed to protect workers ' rights in forming and running unions so that there is a healthy working relationship between workers and companies.
Legal Protection for Human Rights Defender in Indonesia Siagian, Daniel Alexander; Muktiono; Prasetyo, Ngesti Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.293

Abstract

Legal protection of human rights defenders in Indonesia is crucial for the state to fulfil, promote and develop human rights. This research focuses on the reformulation of legal obscurity in regulations that have not legitimised the protection of human rights defenders. Various forms of vulnerability of human rights defenders in fact lead to human rights violations such as Criminalisation, Victimisation, Anti-SLAPP (Strategic Lawsuit Against Public Participation), Cyber Attacks and physical attacks intended for human rights defenders which reinforce Impunity. The facts show that the activities of human rights defenders are very vulnerable, it is appropriate to require legal protection in each of their activities. The vulnerability of the activities carried out by human rights defenders, which basically aims to contribute to the quality of State administration in promoting human rights, shows that protection for human rights defenders is important to be reformulated. By considering several important issues that are the focus of the research, the protection of Human Rights Defenders consists of, for instance, legal protection, which is not only related to the establishment of laws and regulations that guarantee the protection of Human Rights Defenders, but also to the elimination of laws that have the potential to threaten, restriction and violate Human Rights Defenders, guarantees and support for the activities of Human Rights Defenders, including the effectiveness of Human Rights Defenders in the process of advocacy, such as the right to information, communication with both government and non-government organisations, and recognition of Human Rights Defenders' advocacy. This also covers the guarantee of defenders' right to immunity for their advocacy activities.
Co-Authors Buryahika, Edgar Dhia Al Uyun, Dhia Muktiono Ngesti Dwi Prasetyo