Analysis of Ideal Legal Protection for Workers After the Enactment of the Omnibus Law on Job Creation

Authors

  • Aghia Khumaesi Su’ud Badan Riset dan Inovasi Nasional

Abstract

The influence of globalization in all sectors of people's lives provides a lot of improvements, for instance, economics, technology, and legal developments today. Moreover, the ratification of the Omnibus Law on Job Creation made many changes to labor regulations. The policy of enacting this law is considered detrimental because it reduces protection for workers. Furthermore, there are a number of articles that were deleted and not enforced, such as articles 161, 164, 165, 167 of Law No. 13 of 2003 which are not siding with local workers after the ratification of the Omnibus Law on job creation. In addition, there are several articles in the Job Creation Law that are not in accordance with the contents of article 4 of the Labor Law concerning the protection of workers. Therefore, in their claim on Labor Day, workers declined the Omnibus Law on job creation. By using juridical methods and secondary data, this study will analyze the ideal form of legal protection that the government should provide to workers after the ratification of the Omnibus Law on Job Creation. By guaranteeing legal protection for Workers to get wages until retirement and cannot be sacked unilaterally, especially with foreigners, for this reason, special rules are needed to regulate the protection of workers, especially regarding articles that were deleted after the ratification of Omnibus Law was done. So, workers feel protected and their welfare is guaranteed according to the mandate of the 1945 Constitution.

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Published

2023-10-16