Model of Supervision of Letter Notification of Termination of Investigation Results in Providing Legal Certainty

Authors

  • Muhammad Sirot Universitas Islam As-Syafi'iyah

Keywords:

Job Creation Law, workers rights, labour contract regulation

Abstract

The impact of the Job Creation Law (UU Cipta Kerja) in Indonesia from a labour law perspective. This research analyses specific articles of the Job Creation Law that affect changes in the regulation of employment contracts, industrial relations, and termination of employment. In addition, it evaluates the extent to which the implementation of the Job Creation Law is consistent with international norms of fundamental labour rights, such as those contained in the UN Declaration of Human Rights and the International Labour Organization (ILO) Conventions. In looking at the impact of the Job Creation Law, this research adopts a critical approach, not only a normative review of the text of the law, but also involves an analysis of the practical consequences in the labour field. The concept of critical legal theory is used to understand the social and political implications of the law, beyond the technical aspects of the law. The overview covers the understanding of the Job Creation Law, the controversies surrounding its legislative process, and the diverse perspectives of industry players, trade unions, and labour rights activists. Some articles, such as those related to flexibility of working hours, industrial dispute resolution, and termination of employment, are the focus of debate. The importance of fundamental labour rights in the context of international and national law is outlined, with emphasis on the UN Declaration of Human Rights and ILO Conventions. An evaluation is made of the consistency of the implementation of the Job Creation Law with international norms, referring to labour rights such as freedom of association, prohibition of forced labour, and the right to equal pay. In legal thinking and critical analysis theory, critical legal theory is used as a tool to understand the impact of laws in depth, involving social and political dimensions. This allows researchers to explore the power dynamics, conflicts of interest, and inequalities that may arise. The discussion involves analysing the articles of the Job Creation Law that affect the regulation of labour contracts, industrial relations, and termination of employment. Controversies surrounding the Job Creation Law's legislative process, support, and criticism from various parties are carefully presented. An in-depth analysis of the extent to which the Job Creation Law is consistent with international norms highlights the differing views of legal experts such as Philip Alston and Virginia Mantouvalou. Criticisms of some articles of the Omnibus Law emphasise the potential rollback of workers' rights and the risk of modern slavery. The conclusion highlights the complexity of the impact of the Job Creation Law, the divergence of views among stakeholders, and the need to maintain a balance between business freedom and labour rights protection within a binding legal framework.

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Published

2024-03-15