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Darwati
Universitas Borobudur
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PELAKSANAAN PENEMPATAN PEKERJA MIGRAN INDONESIA DI MALAYSIA BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2017 TENTANG PELINDUNGAN PEKERJA MIGRAN INDONESIA Darwati
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1142

Abstract

Placement of Indonesian Migrant Workers is an effort to realize equal rights and opportunities for workers to obtain decent work and income. Placement of Indonesian Migrant Workers has been regulated in Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. However, the placement of Indonesian Migrant Workers abroad still creates many problems, for example, complicated bureaucratic procedures, many fees outside the placement system, lack of official documents, and difficulty accessing communications with the Indonesian Embassy. Therefore, there are two issues that will be discussed in this article, namely how to implement the placement of Indonesian Migrant Workers in Malaysia and what are the obstacles in implementing the placement of Indonesian Migrant Workers in Malaysia. The research method used is normative juridical and sociological juridical. The result of the research is that the implementation of the placement of Indonesian Migrant Workers in Malaysia by P3MI goes through three stages, namely pre-placement, placement and post-placement. These three stages are in accordance with the provisions of Article 7 of Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers jo. Article 6 to Article 27 of the Minister of Manpower Regulation Number 9 of 2019 concerning Procedures for Placement of Indonesian Migrant Workers. Obstacles in implementing the placement of Indonesian Migrant Workers in Malaysia include convoluted bureaucratic and administrative problems that hinder, lack of coordination between agencies, weak human resources, many P3MIs who are not licensed or whose operating permits are no longer active or have expired, and the large number of levies outside the placement system.
PELAKSANAAN SISTEM OUTSOURCING DALAM HUKUM KETENAGAKERJAAN DI INDONESIA Darwati; Verdita Kurniawan
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i1.1332

Abstract

Labor law in Indonesia is currently receiving a lot of attention, especially regarding the use of labor through third parties or outsourcing with a certain time work agreement system. Law Number 13 of 2003 concerning Employment regulates certain time work agreements in Article 59 and handing over part of the work to other parties in Article 64, as well as workers' rights being the same as other workers or in accordance with applicable laws and regulations as formulated in Article 65 paragraph (4). In this research, the issues discussed are outsourcing procedures that apply in Indonesia and legal protection for workers who use the outsourcing system in Indonesia. The methodology used is normative juridical and sociological juridical. The results of research on Law Number 13 of 2003 concerning Employment do not contain the term outsourcing, only handing over part of the work to other companies through work contracting agreements or labor service providers. Protection for workers who work for other companies with a fixed-term work agreement system is the same as other workers. Labor inspectors supervise the implementation of employment agreements and employment contracts. The suggestion for the government is to provide sanctions for violations committed by entrepreneurs and Law Number 6 of 2023 concerning Job Creation is recommended to be abolished.
PELAKSANAAN FUNGSI PENGAWAS KETENAGAKERJAAN DALAM MENGAWASI PENERAPAN UPAH MINIMUM PROVINSI DI DAERAH KHUSUS IBUKOTA JAKARTA Darwati; Lucky Ferdiles
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1712

Abstract

The relationship between workers and employers is regulated in an agreement, either in written or oral form. Law Number 13 of 2003 concerning Manpower regulates the rights and obligations of employers and workers. Article 90 states that employers are prohibited from paying workers wages below the minimum wage. However, PT. Guna Bangun Jaya paid workers wages below the minimum wage, and the Labor Inspector determined that the employer is obliged to pay the workers' wage shortfall. Against this determination, the employer filed a lawsuit with the State Administrative Court and the lawsuit was rejected. Regarding the employment relationship, the Industrial Relations Court stated that there was no employment relationship. Subsequently, the Head of the Manpower Sub-Department revoked the Manpower Inspector's determination. This study discusses the implementation of the Manpower Inspector's function in supervising the implementation of applicable regulations and the cancellation of the determination made by the Head of the Manpower Sub-Department. This study uses normative and empirical juridical research methods. The results of the study explain that the implementation of the Manpower Inspector's function is to provide guidance to companies that commit violations, including violations of the minimum wage. However, if the company ignores the guidance provided by the Labor Inspectorate and continues to commit violations, legal proceedings will be initiated and the case will be taken to court. The Head of the Manpower Sub-Department's revocation of the determination is inconsistent with applicable laws, namely Law Number 13 of 2003, Law Number 3 of 1951, and the Constitution of the Republic of Indonesia.
Co-Authors Lucky Ferdiles Verdita Kurniawan