Review of the Justice Principle on Termination of Labor Relations for the Implementation of the Cipta Karya Bill Draft (Omnibus Law)Journal: International Journal of Mechanical and Production Engineering Research and Development (IJMPERD ) (Vol.10, No. 3)
Publication Date: 2020-06-30
Authors : Rahmatsyah;
Page : 10703-10710
Keywords : Omnibus Law; Justice; Termination of Employment; Worker;
Industrial relations cannot be separated from Termination of Employment. However, the termination of employment must be adjusted to the principle of justice because it is related to the survival of workers. The emergence of the draft bill, the Omnibus law, creates injustice if termination of employment is conducted easily so that the workers will not be regarded by employers. The purpose of this study is to analyze the principle of justice in termination of employment for the application of the Cipta Karya Bill (Omnibus Law). This research was conducted using a normative juridical approach. The results of the study are (1) injustice to workers can be caused by editorial errors in the law so that it will have an impact on the material laws that can cause ambiguity so that it harms workers. Editorial errors can also be in the form of gaps that can be distorted by employers or interpreted differently by law enforcer so that it results in losses to workers; (2) the application of the Cipta Karya Bill draft or Omnibus Law which is very vulnerable to irregularities, ambiguities and the use of gaps can weaken the position of workers. Rules should be a solution for industrial relations disputes, so they must be adjusted to the values of the Pancasila and the ideal moral values of the Indonesian people. Conclusion: if the Cipta Karya Bill will be a substitute for the Manpower Act, then it must provide a way out of the weaknesses of the Manpower Act. Suggestions for making ideal values in the law are adjusted to the noble values of the nation.
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