JOURNAL ARTICLEAdnan Hamid
International Journal of Business Ecosystem & Strategy · 2021
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This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.

DOI 10.36096/ijbes.v3i3.2695 Crossref citations6 OpenAlex citations
JOURNAL ARTICLEAdnan Hamid
International Journal of Research in Business and Social Science · 2021
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This study aims to examine the Job Creation Law No. 11 of 2020 which contains the interpretation, position, and implications of the Act on employment in Indonesia. The research method used is normative legal research, and the findings of the research are the Job Creation Law No. 11 of 2020 is considered to have tended to ignore labor rights. This law was formed and ratified as a labor law, which is still considered far from the wishes of the people who adhere to democratic principles. This is due to the lack of optimal community involvement in the drafting process so that this law has very implications for workers. For example, workers do not have a strong bargaining position in labor law in Indonesia. Therefore, it is necessary to develop a manpower law that is in line with the mandate of the Preamble and the 1945 Constitution as a basis for the government and parliament in making laws and regulations and at the same time providing legal protection, especially for workers or laborers and employers simultaneously in order to create a society that is prosperous, and evenly distributed both materially and spiritually.
DOI 10.20525/ijrbs.v10i5.12717 Crossref citations14 OpenAlex citations
JOURNAL ARTICLEAdnan Hamid · Hasbullah Hasbullah
International Journal of Research in Business and Social Science · 2021
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The purpose of this study is to investigate and assess and seek to answer comprehensively related to the implementation of criminal sanctions for entrepreneurs who pay below the minimum wage in Indonesia. As the object of research is manpower and criminal law which must be used as a tool for social control and as an obligation of the state to implement it, ius puniendi. This research is normative legal research using quantitative methods. The results of the study indicate that the implementation of criminal sanctions is very necessary and becomes a critical issue as a form of protection for workers to ensure the basic rights of workers to obtain a minimum wage. Efforts that must be made by the government are implementing criminal sanctions consistently, implementing literacy programs and sharing information, implementing socialization programs with a dialogical approach that involves the participation of the wider community, improving the quality of public services based on professional human resources and utilizing communication and information technology. to prevent and minimize the occurrence of various forms of violations of labor law and criminal law, especially with regard to the provisions of the minimum wage.
DOI 10.20525/ijrbs.v10i4.12593 Crossref citations5 OpenAlex citations