About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 J.L. Pol'y & Globalization 50 (2014)
Labor Law in Indonesia

handle is hein.journals/jawpglob21 and id is 50 raw text is: Journal of Law, Policy and Globalization wwwiiste og ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) _- I Vol.21, 2014 11H Labor Law in Indonesia Dr. Abdul Rachmad Budiono, S.H., M.H Senior Lecture at Faculty of Law University of Brawij aya, Malang, east Java, Indonesia * E-mail of the corresponding author: abdulrachmadbudiono @ gmail.com Abstract After reformation era, year 1998, Indonesia has three important acts in the field of labor law. The three acts are (1) Act Number 21 Year 2000 concerning Trade Unions, (2) Act Number 13 Year 2003 concerning Manpower, and (3) Act Number 2 Year 2004 concerning Industrial Relations Disputes Settlement. The new regulations of the acts are (1) every labor has the right to form and become a member of a trade union; (2) labor development shall be carried out based on the principle of integration, (3) Industrial Relations Court as a part of Industrial relations Disputes Settlement Keywords: labor law, Indonesia government 1. Introduction Indonesia has three important acts in the field of labor law. The three acts are (1) Act Number 21 Year 2000 concerning Trade Unions, (2) Act Number 13 Year 2003 concerning Manpower, and (3) Act Number 2 Year 2004 concerning Industrial Relations Disputes Settlement. These three acts represent the policy direction in the field of manpower, taking into account future needs and the interest of ensuring justice in society. These three major labor laws also constitute the package of labor law reform which started in 1998. The government in collaboration with employer and workers' organization has achieved the goal of establishing the basic legal framework governing labor and employment relations in line with national aspirations and interests as well as international labor standards and practices particularly the fundamental principles and rights at work. It has succeeded putting in place a body of labor laws designed mainly to promote sound and harmonious industrial relations while respecting workers' right and to ensure efficiency, stability, and equity at the workplace. 2. Source of Labor Law The word source means a place from which something comes. Source of law as a phrase means a place that law comes.1°1 The term source is used by lawyers in two different senses. Firstly, it means the historical origins of the now binding rules.102 Secondly, it may mean the authorities the vest the now binding rules with binding character. Source of law may also be used to indicate the literary sources in which the law founded. Source of labor law means a place that labor law comes. The said sources of labor law are (1) statutes, (2) contract, (3) custom, (4) judge made law or decision of court, and (5) opinions of learned authors. The regulations below are part of sources of labor law: 1. Act Number 3 Year 1992 concerning Manpower Social Security; 2. Act Number 21 Year 2000 concerning Trade Unions; 3. Act Number 13 Year 2003 concerning Manpower; 4. Act Number 2 Year 2004 concerning Industrial Relations Disputes Settlement; 5. Government Regulation Number 23 Year 2004 regarding The National Agency for Profession Certification; 6. Government Regulation Number 41 Year 2004 regarding Procedures of Appointment and Dismissal of Ad- Hoc Judges of Industrial Relations Court and Ad-Hoc Judges of Supreme Court; 7. Government Regulation Number 8 Year 2005 Regarding Work System and Organizational Structure of Tripartite Cooperation Institution; 101 Abdul Rachmad Budiono, Pengantar Ilmu Hukum, Malang: Batumedia Publishing, 2005, P. 109 102 Satjipto Rahardjo, Ilmu Hukum, Bandung: Alumni, 1986, P. 111.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most