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Deni Iskandar; Nurul Amalia; Muhammad Misbakul Munir

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research explores the Specific Time Work Agreement (PKWT) between workers and PT. Astra Autoparts. Using qualitative methods and a normative juridical approach, this research not only refers to regulations and related literature, but also involves observations and interviews with HRD and contract workers at the company. From an Islamic legal perspective, research emphasizes that PKWT must fulfill the principles of justice, equality and protection of workers' rights. The concept of "fair" (‘adl) is in focus, where respect for workers' rights and prevention of exploitation are key. It is hoped that the PKWT is in accordance with Law No. 6/2023 to create a fair work environment. The research results show that PT. Astra Otoparts has implemented PKWT in accordance with Government Regulation Number 35 of 2021 and Law no. 6/2023 concerning Job Creation. However, there are obstacles such as incompatibility of worker qualifications, lack of understanding of work contracts, lack of understanding of labor laws, and lack of understanding of government regulations regarding PKWT. Therefore, efforts are needed to increase understanding and conformity in the implementation of PKWT in order to create a fairer work environment.

Naila Syafaah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Outsourcing means handing over part of the work implementation to another company through a work contract agreement or worker/labor service provider. This research aims to analyze the form of disharmony in legal norms in outsourcing policies in Indonesia, and to analyze the protection of outsourced workers in terms of John Rawls's theory of Justice. This research is normative research using primary and secondary data obtained from literature reviews and statutory regulations related to the issues raised. The results of this research show that the work relationship that is practiced in the outsourcing system based on Article 65 paragraph (8) of Law Number 13 of 2003 states that work relations that initially occur between workers/laborers and the company receiving the work can in certain cases change to work relations between workers/laborers. with the employing company. This shift creates problems because from the start, employment relations only existed between the employer company and the workers/laborers. After the decision of the Constitutional Court Number 27/PUU-IX/2011, the working relationship between outsourced workers/laborers and outsourcing companies can be carried out through a Specific Time Work Agreement (PKWTT) or a Certain Time Work Agreement (PKWT), but the implication of the Constitutional Court's decision is that if the employment relationship between workers/workers and outsourcing companies that are not based on PKWTT or PKWT, this will create uncertainty about the employment relationship status for outsourced workers/laborers. Regarding the protection of the uncertainty of employment relations between outsourced workers/laborers, John Rawls stated that it would be unfair to sacrifice the rights of one or several people just for the sake of greater economic benefits for society as a whole. Justice as fairness means that not only those who are talented and have better abilities -in this case permanent employees of a company have the right to enjoy various social benefits more, but these benefits must also open up opportunities for those who are less fortunate in terms of These are outsourced workers/laborers in order to improve their standard of living.

Amanda Istianah Mutiawati; Eka Saputra

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Problems related to labor or labor are problems that often occur in developing countries, one of which is Indonesia. Termination of Employment (PHK) is something that is feared by workers due to economic conditions which have an impact on companies that have to go out of business and this results in unilateral layoffs by the company. One of the implementing regulations for the Job Creation Law that has been issued is Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time, Work Relations and Rest Periods, and Termination of Employment (PHK). Article 15 states that employers are required to provide compensation money to workers or laborers whose employment relationship is based on a Specific Time Work Agreement (PKWT). Compensation money as referred to in Article 15 paragraph (1) PP Number 35 of 2021, is given to workers/laborers who have had continuous service for at least 1 (one) month. Compensation is everything that is received by workers, both physical and non-physical. The form of compensation given can be in the form of money or goods that are given directly or indirectly. Regulations regarding compensation are regulated in Law Number 13 of 2003 concerning Manpower and Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Break Time and Termination of Employment. The compensation given by Hotel X to Mrs. S is in accordance with Article 16 of Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Time, Outsourcing, Working Time and Break Time and Termination of Employment. Where Mrs. S demanded compensation from Hotel X with the calculation of the remaining salary withheld due to covid reasons, overtime pay, and leave money.