BUSINESS LAW

2013

2013

The Civil Code in force and Law no. 76/2011 for the enforcement of the Civil Code generated many changes in the sphere of private law. Among these changes, the most interesting is the last mention from Law 76/2011, namely letter bb from article 230, which mentions the fact that from the entering into force of the Civil Code “any other contrary provisions, even those from special laws” are cancelled. We are interested in finding out whether, at present, the interdiction of legal seizure of the shares, deduced from the interpretation of article 66 paragraph 1 of Law 31/1990 regarding the companies, is eliminated or not.

The construction work force is one part of the national development undertaken in the development of Indonesia fully human and the development of Indonesian society to realize a society that is prosperous, just, prosperous, equitable material and spiritual, based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 . development of the employment sector as part of the development of human resources is one part that is integral to national development as the Pancasila, and the implementation of the Act of 1945, aimed at improving the dignity, dignity, and human capabilities, as well as self-confidence in order to realize a society prosperous, just, and prosperous both materially and spiritually. In the implementation of national development, labor has a role and a very important position as actors and development objectives. In accordance with the role and position of labor, manpower development is required to improve the quality of employment and participation in the development and improvement of the protection of workers and their families in accordance with human dignity. The protection of labor is intended to guarantee the basic rights of workers / laborers and ensure equality of opportunity and treatment without discrimination on any ground for the welfare of workers / laborers and their families with regard to the progress of the business world. One of the manifestations of the increase in value and dignity to the workers / laborers are protection of the rights of workers / laborers either agreed in the Employment Agreement and set forth in the Company Regulations or Collective Labor Agreement. Especially with regard to employment agreements, rights and obligations of workers / laborers with employers on a reciprocal basis is already detailed in the Employment Agreement and Collective Labor Agreement. Despite clear and detailed and explicit, but sometimes they often lead towards an industrial dispute. Industrial relations is a system of relationships formed between the actors in the production process of goods and / or services consisting of elements of the employer, workers and governments that are based on the values of Pancasila and the 1945 Constitution of industrial relations is a balance between the objectives and the interests of workers and employers in the process of production of goods and services in an enterprise. This means that workers and employers individually and collectively have a purpose and a common responsibility, because the success of industrial relations, both workers and employers would benefit both individually and within the organization. From the point of legal history, the nation entered a phase marked by the development of the welfare state laws that protect the weaker party. At this time the state started to pay attention to include labor protection, consumer protection, protection of small businesses and environmental protection. Act relating to the protection of the various parties to correct for industrialization which is not always a benefit to all segments of society. Besides, the intense competition in the labor market and a severe economic crisis makes the workers did not have the courage to fight for the improvement of their fate. Capital always move to where there is cheap labor and enforcement of labor laws are lenient. This is the need to reform labor law. According to Zainal Asikin, the legal protection of workers from the employer's ability fulfilled if the regulations in the areas of labor that require or compel employers to act like in the legislation is properly applied all parties for the enforceability of the law can not be measured by juridical alone but measured sosilogis and philosophical , The significance of the legal enforceability sociologically can be interpreted that the law always keep pace with changes in society (law in action), while the legal enforceability of the philosophical meaning that the law should be able to provide fairness, certainty and benefits for society in accordance with the purpose of the law itself. Implementation of industrial relations in the company are always influenced by the dynamics of the community so that the implementation is always facing challenges and obstacles and the effect on conditions of employment which changes from time to time. Broadly speaking, the problems that occur in the employment relationship affected the industrial relations, among others, include technical understanding of legislation in the area of industrial relations on the nature of the employment relationship, the problems of labor agreements on which the issuance of a working relationship that is set on the rights and obligations of the parties, the use of a particular time work agreement for all kinds of jobs and the trend of using contract workers, and remediation efforts working requirements set forth in the normative provisions. In Article 50 of Law Number 13 Year 2003 on Manpower (hereinafter Labor Law) explained that the employment relationship occurs because of the labor agreements between employers and workers. Both workers and employers alike have an important role in working relationships with each other and can not be separated. Workers as owners of power, skill, and expertise needed work to make ends meet, while the entrepreneur as the owner of capital requires manpower to run the production process. In this case the necessary reciprocity in harmony in order to create synergies to drive the economy. Furthermore, in Article 56 of the Labor Law states that agreements made for a certain time or for an unspecified time. A work agreement for a specified time (hereinafter referred to PKWT) is based on the time period or the completion of a particular job. A work agreement for a specified time can only be made for specific jobs by type and nature of the job will be completed within a specified time. However, based on the facts on the ground show there are still many companies that do not implement the provisions contained in the Labor Law. In the field of employment concerning the subject of labor relations, there are still many conflicts of interest among workers / laborers with employers mutually defend their own opinion as the system of contract labor (PKWT), determining the amount of the minimum wage, social security, which until now the classic problem can not be solved properly. That's necessary role for government to address the issue of labor / employment through various legislations. It is intended to provide legal protection of the rights and obligations of employers and employees / workers. If the relationship between workers and employers is still left entirely to the parties (workers and employers), then the purpose of labor law to create social justice in the field of labor will be very difficult to achieve, because of the strong will always want to dominate the weaker side (homo homoni lupus ). In this dissertation the author will examine and analyze the terms and implementation of the Employment Agreement Specific Time (PKWT) pursuant to Act No. 13 of 2003 on Labour in Arta Boga Cemerlang PT Jakarta, a company engaged in the distribution of consumer goods. Arta Boga Cemerlang PT Jakarta held a work agreement for a specified time by the workers who will be hired as Sales Promo / Merchandiser (mode) which will care for and displaying items in the outlet area of Jakarta, Bogor, Depok, Tangerang and Serang. The working relationship with PKWT this has caused harm to workers, because the position of workers (mode) were weak and simply resigned themselves accept the terms and conditions that have been created by the company as stipulated in the standard contract. This resulted in a weak legal protection against contract workers.

Bill No. 120 of 2020 AS INTRODUCED IN LOK SABHA (ii) CHAPTER IV STANDING ORDERS CLAUSES 28. Application of this Chapter. 29. Making of model standing orders by Central Government and temporary application. 30. Preparation of draft standing orders by employer and procedure for certification. 31. Certifying officers and appellate authority to have powers of civil court. 32. Appeals. 33. Date of operation of standing orders and its availability. 34. Register of standing orders. 35. Duration and modification of standing orders. 36. Oral evidence in contradiction of standing orders not admissible. 37. Interpretation, etc., of standing orders. 38. Time limit for completing disciplinary proceedings and liability to pay subsistence allowance. 39. Power to exempt. CHAPTER V NOTICE OF CHANGE 40. Notice of change. 41. Power of appropriate Government to exempt. CHAPTER VI VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION 42. Voluntary reference of disputes to arbitration. CHAPTER VII MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES 43. Conciliation officers.