Unilateral Refusal of Cooperative Contract by Union in Terms of Decision of Minister of Labor No. 234/MEN/2003 Connected with Law No. 13/2003 on Employment (Case Study of Decision No. 658/LPDT.SUS/2011)

Ihsan Maulana Ramdhan, Deddy Effendy

Abstract


Cooperative contract is treaty entered into between two parties, worker and entrepreneur. The cooperative contract contains at least information on identities, rights and duties of parties, validity, and expiration of cooperative contract and common stipulations of works. When the stipulations of cooperative contract is in contradiction to those of rules and law, the stipulations of cooperative contract should be null and void after the law as contained in Law No. 132003 on Manpower. The aim of this study is understand ordinance concerning the refusal of Cooperative Contract in Law No. 13/2003 on Manpower and legal consequences of the refusal by SPSI PT.NTT union.   This study was conducted by using normative juridical approach, a research using literature materials, primary, secondary, or tertiary, related to the law of manpower. Specification use d in this study is analytical descriptive, revealing phenomena related to issues on the law of manpower from legal aspects of manpower, rules and law, and theories. The results of the study may be concluded that Cooperative Contract entered into by PT.NTT carry stipulations being in contradiction to those of Law No. 13/2003 on Manpower connected with the Decision of Minister of Labor No. 234/MEN/2003 harming workers in working hours and less overtime pay. Therefore, the stipulations of Cooperative Contract entered into by PT.NTT being in contradiction to those of law should be null and void after the law and, thus, replaced by those included in law, and parties persisted carry out their right and duties as set in the prevailing Cooperative Contract.

Keywords


Cooperative Contract, Dispute of Industrial Relations, Labour Union, Entrepreneur

References


A.Pitlo, Het Verbintenissenrecht Naar He Nederlands Burgerlijk Wetboek, H.D Tjeeni & Zoom, NV Harlem, 1952.

Iman Soepomo, Pengantar Hukum Perburuhan, Djambatan, Jakarta, 1986.

Lalu Husni, Pengantar Hukum Ketenagakerjaan, Rajawali Pers, Jakarta, 2014

Zainal Asikin, Dkk, Dasar-Dasar Hukum Perbuhan,PT Raja Grafindo Persada, Jakarta, 2000.

http://www.prp-indonesia.org/2017/kondisi-dan-dinamika-buruh-tambang-morowali




Flag Counter