Employment Economic Law

Course : Economic Law Lecture : Indah Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Definition of Employment In article 1 point 1 of Law no. 13 of 2003 concerning Employment stated that employment is related to labor at the time before, during and after work. According to Imam Sopomo, labor or employment is a set, both written and unwritten, which are concerned with events when someone works for someone else with receive wages. According to Molenaar, labor or employment is part of all things that apply, that is principally regulate the relationship between labor and employers, between workers and workers. From understanding The above employment will then be explained regarding labor. In article 1 number 2 of Law no. 13 of 2003 regarding employment it is stated that labor is everyone who is capable does a good job inside or outside work relations, in order to produce goods or services to meet their own needs and those of society. Labor according to Dr.A.Hamzah SH, labor. includes workers who work inside and outside the employment relationship with the main means of production in the power production process work itself, both physically and mentally. In regulations Minister of Manpower Number: PER04/MEN/1994, Manpower is everyone who works at a company that hasn't is obliged to take part in the social security program for workers because there is a phasing of membership. Employment Law Labor law is the governing law regarding labor, originally known as labor law. After independence, employment in Indonesia was regulated by provisions of Law Number 14 of 1969 concerning Principles Main Provisions for Manpower in 1997, law This was replaced by Law Number 25 of 1997 regarding Employment. Existence of Law Number 25 The year 1997 turned out to cause many protests from the public and experienced suspension and was replaced by Law – Law Number 13 of 2003 concerning Manpower. With government intervention, the Laws are born by being coercive, making work law into public law and private law. It says become private law because the birth of working law is because there is a working relationship between the worker/labourer and the entrepreneur based on an agreement. While said public law because to enforce it, the government has to intervene by overseeing the implementation of regulations legislation in the field of work law (Zaeni Asyhadie, 2008:18). Cicero once said "ubi societas ibi ius", where there is a society where there is law. The law exists in the community for use creating a relationship between one person and another to be regular. There is a legal vacuum regarding the detention of workers' original diplomas, it is necessary to regulate related so that it can become a legal umbrella for protection the rights and interests of workers and employers to be equal not feel disadvantaged in carrying out work relations, so here the role of the government is expected to be good in formulating regulations and issuing policies in order to fill the legal vacuum that occurs in society especially in relation to the detention of workers' original certificates (Wayan Agus Vijayantera: 3) Before discussing the meaning of law employment is broader, it's best to look first the meaning of employment according to Law Number 13 2003 in Article 1 paragraph (1) namely "employment is all matters relating to labor at the time before, during, and after employment. When examining the meaning of the term, labor law Work consists of two words, namely law and employment. Law and employment are two legal concepts, the concept of law is needed when we study law. Law can be interpreted as a legal norm, ie norms made by authorized authorities. Legal norms can be in the form of written or not written. Labor law used to be called law labor which is a translation of arbeidsrechts. According to Molenaar, it defines the meaning of arbeidsrechts is part of the applicable law on principally regulate the relationship between workers and employers, between workers and workers, and between workers and the authorities (Imam Soepomo, 1985: 1). According to Mr. MG Levenbach, arbeidsrechts as something that includes law with regard to employment relations, where the work is carried out under the leadership and with the circumstances of life directly related to the employment relationship. Faith Soepomo gives the meaning of labor law is a set of rules, both written and unwritten with respect to the incident on which a person worked on others by receiving wages. Labor law is the governing law about labor. Labor law is defined as legal umbrella in the field of industrial relations and serves to maintain order, as well as social control. Understanding Labor Law is heavily dependent on positive law each country. Therefore it is undeniable that the definition of labor law put forward by experts laws also vary. If we look at labor law as umbrella that protects workers' rights, then this needs to be regulated in legal regulations so that workers' rights can be protected clearly. When looking at the objectives of labor law, According to Manulang, the objectives of labor law are: 1) To achieve implementing social justice in the field employment; 2) To protect the workforce against power that is not limited from entrepreneurs (Wayan Agus: 3) Based on this, it is clear this labor law very necessary as a rule in the world of work so can provide justice related rights and obligations between workers and employers, then also to provide protection for workers considering employers as providers Work has more power so it needs to exist restrictions so that entrepreneurs as employers are not arbitrary men in treating their workers both in the provision of obligations and the granting of workers' rights. Remembering that labor law is very important existence in the world of work, it is necessary to examine the basis or sources of law that entrepreneurs use to carry out withholding the worker's original diploma so that the action can be found out is contrary to human rights or not or existing laws. As for who became sources of labor law consist of formal sources of law and sources of material law. Sources of labor law in a material sense is Pancasila, while the source of law employment in the formal sense consists of the following: a. Constitution; b. Other regulations; c. Habit; d. Decision; e. Agreement. The scope of employment law is quite broad, law employment is not only set during the relationship between workers/laborers and employers in the implementation of relations work but also includes someone who will look for work through correct process.