LEGAL PROTECTION OF HOMEWORK WORKERS CASE STUDY AT PT. COALINDO ADHIPERKASA BATUAH ENERGY PRIMA KUTAI KARTANEGARA PROJECT

  • Ony Rosifany Faculty of Law, University of 17 Agustus 1945 Samarinda
  • Tri Andayani Rahayu Faculty of Law, University of 17 Agustus 1945 Samarinda
  • . Sukindar Faculty of Law, University of 17 Agustus 1945 Samarinda
Keywords: Workers are laid off, Wages, Legal Protection

Abstract

The research aims to  determine the form of legal protection for workers laid off due to project closures and the legal remedies that workers can take due to the non-fulfillment of the rights of workers laid off from the case study at PT. Coalindo Adhi Perkasa Batuah Energy Prima Kutai Kartanegara Project.The research was conducted from March to April 2023 at PT Coalindo Adhi Perkasa Batuah Energi Prima Project, Kutai Kartanegara Regency, East Kalimantan, Indonesia.The results of the study show that the legal protection provided by the Company by laid-off workers does not entirely refer to the provisions of the applicable laws and regulations; however, the Company and workers alike, in this case, agree on the contents of the agreement by the Civil Code, namely that the workers are willing to be paid for as long as laid off, which is 50% (fifty percent) of the basic salary and is not by the provisions of the Government Regulation of the Republic of Indonesia Number 36 of 2021 concerning Wages and efforts to resolve industrial relations disputes can be taken if the worker does not get his rights by the Employer will be carried out by way of a request for termination of employment, demands for compensation, bipartite negotiations, mediation or industrial relations courts.

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References

BIBLIOGRAPHY
A. Books
[1] Achmad Ali. 2015. Revealing the Law, Prenamedia Group.
[2] Aris Prio Agus Santoso. 2022, Introduction to Labor Law and Industrial Relations Dispute Resolution, Pustaka Baru Press, Yogyakarta.
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[6] Lalu Husni. 2012. Introduction to Indonesian Labor Law.Rajawali Press, Jakarta.
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[9] B. AriefSidharta. 2006. Law and Logic, Alumni, Bandung.

B. Legislation
The 1945 Constitution of the Republic of Indonesia.Law Number 13 of 2003 concerning Manpower.
Law Number 40 of 2004 concerning the National Social Security System.
Law Number 24 of 2011 concerning Social Security Administering Bodies.
Law Number 6 of 2023 concerning Stipulation of Government Regulation in lieu of Law Number 2 of 2022 concerning Job Creation to Become Law.
Government Regulation of the Republic of Indonesia Number 36 of 2021 Concerning Wages.
Government Regulation in Lieu of Law of the Republic of Indonesia Number 2 of 2022 Concerning Job Creation.
Minister of Manpower Circular Letter Number SE-05/M/BW/1998 Year 1998 Concerning Wages for Workers Who Are Home Not To Termination of Employment.
Minister of Manpower Circular Letter Number SE-907/MEN/PHI/PPHI/X/2004 Concerning Prevention of Mass Termination of Employment.

C. Other Sources
https: //akurat.co/riuh-rkab-menteri-esdm-bakal-lect-dirjen-minerba-definitif, Anwar, Riuh RKAB, Minister of EMR Will Choose Definitive Director General of Mineral and Coal, Retrieved from Akurat.co,
Published
2023-06-11
How to Cite
Rosifany, O., Andayani Rahayu, T., & Sukindar, . (2023). LEGAL PROTECTION OF HOMEWORK WORKERS CASE STUDY AT PT. COALINDO ADHIPERKASA BATUAH ENERGY PRIMA KUTAI KARTANEGARA PROJECT. GPH-International Journal of Social Science and Humanities Research, 6(06), 22-30. https://doi.org/10.5281/zenodo.8024464