Legal Protection of Workers' Rights by the Job Creation Law
DOI:
https://doi.org/10.58818/ijlrsa.v2i1.107Keywords:
Legal Protection , Workers' Rights , Job CreationAbstract
This research aims to determine the legal protection of workers' rights, based on the Job Creation Law and the legal protection of the rights of workers of retirement age who remain employed. Can contribute thoughts both theoretically and practically to law in Indonesia. The research method used is normative juridical with primary, secondary, and tertiary law. Conclusion Constitutionally legal protection for workers is contained in Article 27 paragraph (2), Article 28D paragraph (1) and paragraph (2), Article 28H paragraph (3), and Article 28I (2) of the 1945 Constitution of the Republic of Indonesia. Legal protection of workers also in the International Covenant on Civil and Political Rights, as well as on Economic, Social and Cultural Rights, while from the perspective of the Job Creation Law, legal protection for workers is reflected in strategic policies in the employment sector, which protect and promote the welfare of workers. Second, the absence of strict regulations regarding the retirement age limit in the Job Creation Law has an impact on the rights of workers who are still employed at retirement age. There is no legal protection for those who are still employed at retirement age. What is stated in the Employment Agreement does not fulfill the principle of freedom of contract and the principle of complete balance between Workers and Employers according to the agreement.
Downloads
References
Abdullah, Junaidi. "Forms of Social Security and Benefits for Workers in Employment Law in Indonesia". Journal of Legal Thought and Islamic Law. Vol. 9, no. 1, (June, 2018)
Agustina, Anggita. Legal Protection for Outsourced Workers/Labourers Based on Law Number 13 of 2003. Palembang: Thesis Muhammadiyah University Palembang, 2015.
Ashtabula, Kahfi. "Legal Protection of Workers". Journal of Jurisprudence. Vol. 3 No. 2, (December, 2016).
Harahap, Young Arifuddin. Introduction to Employment Law, Malang: CV. Abadi Archipelago Literacy, 2020.
Julianti, Lis. "Legal Protection for Outsourcing Workers in Indonesia". Advocacy Journal. Vol. 5, no. 1, (March, 2015).
Khakim, Abdul. Basics of Indonesian Employment Law, Bandung: PT. Citra Aditya Bakti, 2018.
Marzuki, Suparman, Human Rights Law, Yogyakarta, Cet.Pertama, Pusham UII, 2017.
Pujiastuti, Endah. Introduction to Employment Law, Semarang: Semarang University Press, 2018.
Prajnaparamita, Kanyaka. "Legal Protection for Female Workers based on Law Number 13 of 2003 concerning Employment". Administrative Law & Governance Journal. Vol. 2, no. 1, (March 2019).
Prajnaparamita, Kanyaka. "Child Labor Protection". Administrative Law & Governance Journal. Vol. 2, no. 1 (2018).
Putra, Ultimate Satya. "Accessibility of Legal Protection for Workers with Disabilities in Karawang Regency". Pulpit Law Journal. Vol. 31, no. 2, (June, 2019).
Raco, J.R. Qualitative Research Methods, Types, Characteristics and Advantages, Jakarta: PT. Gramedia Widiasarana Indonesia, 2020.
Riyadi, Eko, Human Rights Law, Cet.Pertama, Depok, Rajagrafindo Persada, 2018.
Riyadi, Eko, et al, Vulnerable Groups: Study and Protection Mechanisms, Yogyakarta, Pusham UII, 2017. Riyadi Eko, Reducing the Complexity of Human Rights (Multi-Perspective Study), Yogyakarta, PUSHAM UII, 2017.
Sujatmoko, Andrey, Human Rights Law and Humanitarian Law, Cet.Pertama, Jakarta, PT.Rajagrafindo, 2015.
Salim and Sahrum. Qualitative Research Methods, Bandung: Cipta Pustaka Media, 2012. Sidiq, Umar and Miftahul Choiri, Moh. Qualitative Research Methods in the Education Sector, Ponorogo: CV. Nata Karya, 2019.
Suwendra, I Wayan. Qualitative Research Methodology, Badung: NILACAKRA, 2008. Walidin, Warul. Qualitative Research Methodology & Grounded Theory, Aceh: FTK Ar-Raniry Press, 2015.
Soleh, Ahmad. "Employment and Unemployment Problems in Indonesia". Cano Economos Scientific Journal. Vol. 6 No. 2 (July, 2017).
Wijayanto, Hendra and Ode, Samsul. "Dynamics of Employment and Unemployment Problems in Indonesia". Scientific Journal of Public Administration and Development. Vol. 10, no. 1, (2017).
Wijayanti, Asri. Post-Reformation Employment Law, Jakarta: Sinar Graphic 2019
Wildan, Muhammad. "Legal Protection of Contract Labor in Specific Time Work Agreements based on Law Number 13 of 2003 concerning Employment". Khaira Ummah Law Journal. Vol. 12, no. 4, (December, 2017).
Downloads
Published
How to Cite
Issue
Section
License
Copyright and License Statement
Authors who publish their manuscripts in this Journal agree to the following conditions:
The copyright for any article in The International Journal of Law Review and State Administration is fully held by the author under a Creative Commons CC BY 4.0 license:
- The author acknowledges The International Journal of Law Review and State Administration (IJLRSA) has the right to publish for the first time with a Creative Commons Attribution 4.0 International License / CC BY 4.0.
- Authors can enter writings separately, arrange non-exclusive distribution of manuscripts that have been published in this journal into other versions (eg sent to the author's institutional repository, publication in a book, etc.), by acknowledging that the manuscript has been published for the first time in The International Journal of Law Review and State Administration (IJLRSA)
- The International Journal of Law Review and State Administration (IJLRSA) published under the terms of a Creative Commons Attribution 4.0 International License / CC BY 4.0. This license permits anyone to copy and redistribute this material in any form or format, compose, modify, and make derivative works of this material for any purpose, including commercial purposes, so long as they include credit to the Author of the original work.
