LEGAL PROTECTION FOR WORKERS CONTRACT AGREEMENT IN PARTICULAR TIME BY LAW NUMBER 13 OF 2003 CONCERNING EMPLOYMENT
by
Suwarsit, S.H., M.H., C.L.A PRELIMINARY
A. Background
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.
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.
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.
Based on the description of the background, the writers gave the title of this dissertation with the title "LEGAL PROTECTION FOR WORKERS CONTRACT AGREEMENT IN PARTICULAR TIME BY LAW NUMBER 13 OF 2003 CONCERNING EMPLOYMENT".
B. Problem Formulation
Based on this background, the problem will be formulated as follows:
1. How does the function of Law No. 13 of 2003 on Labour in the implementation of the Employment Agreement Specific Time to contract workers?
2. What are the obstacles in the implementation of the Employment Agreement for specific time periods based on Law No. 13 of 2003 on Labor?
3. How does the government efforts to provide legal protection to contract workers?
C. Scope of Writing
The scope of this thesis is about the rule of law and the implementation of the employment agreement certain time based on Law Number 13 Year 2003 on Manpower related to legal protection for contract workers.
Based on the above mentioned problems, the objectives to be achieved in the writing of this dissertation is:
a. To determine the function of Law No. 13 of 2003 on Labour in the implementation of the Employment Agreement Specific Time to contract workers.
b. To find obstacles in the implementation of the Employment Agreement for specific time periods based on Law No. 13 Year 2003 on Manpower.
c. To determine the government's efforts in providing legal protection for contract workers. 2. Benefits of Writing
Through this research can benefit both theoretically and practically in the development of legal science in general.
a. Theoretically, the results of this research may give false advice in the development of knowledge of labor law in general, and in particular on industrial relations.
b. By Practically, this research is expected to provide input to the public in general and PT Arta Boga Cemerlang in particular, to be able to provide solutions to employment issues.
E. Theoretical Framework and Conceptual Framework 1. Theoretical Framework
The word theory comes from the word theoria, which means the views or insights. The word theory has various meanings. In general, the theory is defined as the knowledge that exists only in the mind, not connected with the activities that are practical to do something. In addition, the theory can mean the opinion expressed as a description of the event or events. The theory can be used as general legal principles and the basis on which to base a science.
The theory is scientific knowledge that includes an explanation of something specific factors of a scientific discipline. In the world of science, theory occupies an important position, because the theory gives a means to be able to summarize and understand the issues better discussed. Things that initially seemed scattered and stand-alone can be put together and shown in relation to one another in a more meaningful.
The theoretical framework is a framework or a grain opinion, a theory, a thesis on something of cases or issues are the subject of comparative theoretical grip.
a. Theory of Legal Protection
The adherents of this view that the moral law and is a reflection and rules internally and externally of human life which is realized through legal and moral.
According to Thomas Aquinas says that natural law is a reasonable provision which comes from the Lord that aims to favor and made by people who take care of the community to be disseminated.
The existence and the concept of natural law over the years, there are still many disputed and rejected by most philosophers of law, but in fact kanyataann writings of experts who reject it, many use to understand natural laws that may not be realized. One of the reasons underlying the rejection of a number of philosophers of law to the laws of nature, because they still considers the search for an absolute matter of natural law, only an act of futile and not helpful.
Occurs different views of the philosophers of acknowlege the laws of nature, but on other aspects also raises some expectations that the search for the "absolute" is the human desire to be the essence of justice. Natural law as the rule that is "universal, eternal and absolute force", turns in modern life would still exist even if proven by the increasing number of people talking about human rights issues (rights).
According to Von Thomas Aquinas says that natural law is a reflection of the eternal law (lex naturalist). Long before the birth of the flow of legal history, turns the flow of natural law not only served as a science, but also accepted as the basic principles of the legislation. The seriousness of the human race will be longing for justice, it is the essence of the hope that there is a law higher than positive law. The law of nature has shown, that the real nature of truth and justice is a concept that includes many theories. Various assumptions and opinions of the philosophers of law emerge from time to time. In the 17th century, the substance of the law of nature has placed a universal principle which could be called human rights.
Law serves as the protection of human interests. In order for human interests are protected, the law should be implemented. Implementation of the law can take place as normal, peaceful, but can occur also because of a violation of law. In this case the law has been breached it should be enforced. Through law enforcement is becoming a reality. In upholding the law, there are three elements that must always be considered, namely the rule of law (Rechtssicherheit), utility (Zweckmassigkeit), and justice (Gerechtigkeit).
Society as a collection of people who interact based on their individual interests so as to result in a contact-dimensional dual or avoid each other and closer to each other.
Contact mutually distanced happens when those interests collide (conflict) and vice versa when the interests of the mutual benefits that arise then are the contacts closer together (cooperation). So it is easy to understand when every individual in society on the one hand trying to protect the interests of each of the dangers that may arise, while on the other hand, each person trying to help each other in the teaching of mutual interest.
way that the interests of others as much as possible preserved and protected and shared interests can be developed. The rules are so-called rules or norms.
With so without laws there would be no order and no human order gets messed up because they do not know where they are going and do not know anyway what will they do. An orderly system of relations that is the main condition for human life at every level.
To be able to act as a regulator of an authoritative instrument so that it can function effectively, then the law must be capable of goal-oriented law, which provides fairness, certainty and expediency.
By adhering to these three elements, the members of the public will voluntarily comply with the law as the law without being forced by their perceived can protect all members of society and not just to protect the interests of a handful of people who happen to have a better social status. Legal protection is very important for the Legal Protection is an element that must exist in a country. Each state formation in which there is definitely a law to regulate its citizens. Within a country, the inevitable relationship between state and citizens. A relationship which gives rise to rights and obligations. Legal protection will be the rights of citizens. On the other hand the legal protection of a liability of the state. The state must provide legal protection for its citizens. Especially if we are talking about countries like Indonesia law. Indonesia established itself as a state of law contained in the Act of 1945, article 1, paragraph 3, which reads: "Indonesia is a country of law". This means that Indonesia is a state based on law. By itself become an essential element of legal protection as well as a consequence of the state of law. The State shall guarantee the legal rights of its citizens. The legal protection is an acknowledgment of the dignity of citizens as a human being.
According Satjipto Rahardjo, Legal Protection is giving shelter to human rights are harmed others and the protection given to the people so they can enjoy all the rights granted by law. The purpose of law version shelter (shelter as a symbol of justice symbolized by the banyan tree), was found by the Minister of Justice to replace the symbol of justice Sahardjo western country dirupakan by the Goddess Themis (daughter Quaranos and Gala). According to the theory aegis of interest law is to protect humans either actively or passively. Actively intended as an attempt to create a humane social conditions in the process that takes place naturally. While the definition of passively is to strive for prevention of arbitrary action and abuse of rights. Enterprises realize the aegis including the a). embody law and order, 2). realize true peace, 3). justice, 4). justice and social welfare.
State law adopted by the State of Indonesia is not in a formal sense, but rather in the sense of material that is also termed the Welfare State (Welfare State) or "Welfare State".
According Muktie A. Fadjar in his book entitled Type of State of Law, which is a constitutional state is the state that aims to organize legal order, the order is generally based on the law contained in the people. State laws to maintain law and order so as not disrupted so that everything runs according to law. State of Law is subject to state law, the legal regulations are also applicable to all agencies and state scientific equipment. State law guarantees legal order in a society that means to give legal protection to the public, between law and power there is a reciprocal relationship.
When viewed from the ingredients of the legal protection is divided into two, namely the means of legal protection preventive and repressive means of legal protection. By DR. Philip M Hadjon, SH with his book entitled Protection Law of the People For preventive means of legal protection especially closely related to the principle Freis ermessen as a form of legal protection in general. In this preventive legal protection, legal subjects are given the opportunity to file an objection or opinion before a government decision received definitive form. The aim is to prevent disputes. Preventive legal protection is of great significance for the acts of government based on freedom of action due to the absence of legal protection that is preventive compelled the government to be cautious in making decisions based on discretion. While repressive means of legal protection in Indonesia is handled by agencies: Courts in the General Courts, Government Agencies are an administrative appeal institutions and specialized agencies. This means that the legal protection was only given when problems or disputes have occurred, so that the legal protection given by the General Court aims to resolve the dispute. Likewise with other theories pertaining to legal protection also discussed means of legal protection that are repressive.
The existence of common interests of society require and also define the limits of freedom to make and close the contract. Having the freedom to agree on anything and with anyone is a very important thing. Because it is also the principle of freedom of contract are included as part of the rights of human freedom. Freedom of contract so important, both for the individual, in the context of the possibility of self-development in their personal lives, as well as in traffic social life, as well as for controlling or possessing wealth, as well as for society as a totality, so that by some authors regarded as a fundamental right human.
Bregstein stated that the concept of the contract since 1838 has not changed fundamentally. This view is advanced in that time is no longer tenable. Freedom of contract in the Netherlands since the second half of the last century has been restricted by the authorities. The starting point of the development of legal rules in force can be found in the Wet op het Arbeidscontract (Law on Employment Contracts) Act 1907. It provides legal protection to workers (employees) by limiting the freedom of contract enjoyed by the parties through the setting of wages, the manner and time of payment of wages and compensation in case of breach of contract against the law. Benneditty (1934) studied the evolution of the symptoms of their contract "autonomous" towards a more "heteronomous", from defining "own" the content and the sound of a contract to the "made or the enactment of the" contract of the above by the authorities. There is increasing interference ruler into the realm of private law, and the reason we can find more and more elements of public law in private law. This trend was observed on the development of labor law and administrative law, scour over property rights, restrictions on freedom of contract, and the inclusion of ethical considerations into law.
Restrictions on freedom of contract may also arise such that the charge content of the contract is no longer determined by the will or interest (one of the) parties, such as contracts in the raw. The parties are no longer able to set their own reciprocal rights and their obligations to each other. Many agreements that turned out to contain standard terms or an agreement that its terms are set by the party that is economically more powerful position. Only little is left of the principle that an agreement will be based encounter. Actually, little can be found agreement that includes the achievements of the parties fully formed through negotiations. Bargaining is getting little done. In contrast settings more precisely the content payload. As stated Pitlo with respect to symptoms that: freedom of contract is a fiction.
Because this is a legal protection for the rights of citizens, the state is obligated to socialize if any new legislation, so that people will be aware of the law, be aware of their rights protected by the state. If the community is growing awareness of the law, then the legal protection in this country will go well.
b. theory of Justice
According to the ethical theory of law solely for the purposes of justice. Legal content is determined by our ethical beliefs about the fair and did not. In other words, according to this theory the law aims to realize or justice. The essence of justice is an assessment of the conduct or actions by evaluating them with a norm according to subjective views (subjectively to those of the group, their group, and so on) exceeds other norms. In this case there are two parties involved, namely those who perform and those who receive treatment: parents and children, employers and workers, judges and yustiabel, the government and its citizens as well as creditors and debtors.
In general, a justice who votes only from the party receiving the treatment would only .. Justice must not only be seen from one side alone, but must be viewed from two sides.
Aristotle distinguishes two kinds of justice, namely justitia distibutiva (distributive justice, verdelende or begevende gerechtigheid) and justitia commutativa (remedial justice, vergeldende or ruilgerechtigheid).
Justitia distributiva demanded that everyone gets what is right or quota: suum cuique tribuere (to each his own). This quota was not the same for each person, depending on the property, birth, education, ability etc; its nature is proportionate. Were rated fair here is that if everyone gets the rights or quota in proportion to remember education, position, capabilities and so on. Distributiva Justitia is the task of the government against its citizens, to determine what can be demanded by citizens. So justitia distributiva proportional nature.
Justitia commutativa give to anyone as much. In the association in the community justitia commutativa the obligation of every man against his neighbor. Here demanded is common. Fair if everyone is treated equally regardless of position, and so on. If justitia distributiva the proportional nature, then justitia commutativa, due attention to the similarities, it is absolute. Aristotle states that the measure of justice is that:
1. A person does not violate any applicable law, so that justice means "lawful" that the law should not be violated and the rule of law must be followed; and
2. A person should not take more than their rights, so that justice means equality (equal) (Aristotle, 1970: 140).
that comes from the ethics and moral values. Justice sourced from ethical values are intended as a value by which people assess the attitude of humans, while the justice that comes from assessing the social value of human behavior in interpersonal relationships.
Distributive justice as stated by Aristotle, similar to the principle of justice of the King Roman Justinian, which is to give everyone seseuai rights (to give each man his due). This means that justice provide the same thing for people or groups of people are the same, but provide different things for different people or groups, with a note that not all differences between humans may be used as the basis for differentiating. Racial, color, national origin, gender, religion, and belief, should not be used as the basis dibedakannya law or their rights. Because things like that constitute "discrimination". Thus, differentiation of law does not mean discrimination.
Justice and equality have a very close relationship, all that tightly so that in case of unequal treatment, it is a serious injustice. Even jurist HLA Hart stated that justice is nothing other than putting every individual is entitled in relationship with one another. They are entitled to a relative position of each common or otherwise, of each are not the same. So, postulatnya is equal treatment of the same things, equal treatment of equals.
But justice is not just a matter of equal treatment, or in other words, justice is not only concerned with the problem of discrimination, but it is much broader than that of justice as fairness also concerned with other things. For instance justice is also related to problems in recognition of basic human rights.
Justice is the primary virtue of social institutions, as truth in a system of thought. One theory, however elegant and economical must be rejected or revised if it is not true; likewise laws and institutions no matter how efficient and neat, should be reformed and abolished if it is not fair. Justice must not let the sacrifices imposed on a few people which is exacerbated by the majority of the advantage enjoyed by many people. Therefore, in a just society the freedom of citizens is considered a well-established; the rights secured by justice are not subject to political bargaining or the calculus of social interests. As the main virtues of humanity, truth and justice can not be contested. Justice is the main focus of every system of law and justice can not be sacrificed. Socrates stated that the essence of law is justice. Legal function to serve justice in society. Law refers to a rule of life that is in accordance with the ideals of living together, namely justice. Plato (427-347 BC), Greek philosopher said that in order to create peace and prosperity in a country, let justice reign in the country. Responding to Plato, John Rawls says, a well-ordered society when the society effectively regulated by a public conception of justice and when it is designed to improve the welfare of its members.
Munir Fuady in his book Dynamics of Legal Theory John Rawls cites the opinion that justice can not negotiable and must be incorporated into the community without having to sacrifice the interests of other communities. An injustice can only be justified if it is necessary to avoid a greater injustice, because it is the most important virtue in human life, then against truth and justice no compromise.
1. Fulfillment of equal rights to basic freedoms (equal liberties)
2. Economic and social differences must be set so that there will be a positive condition, namely: a. The creation of maximum reasonable profit for everyone, including the weaker party
(maximum minimorium)
b. The creation of opportunities for everyone.
That the constitution of the Republic of Indonesia which includes the state's objective laws of Indonesia, includes the concept of justice is different from the concept of justice which developed in European countries. The philosophy of justice implied in the Preamble of the 1945 Constitution is social justice that is rooted in collectivity. While the concept of justice based on the "rule of law" in the European countries, are rooted in individual protection.
c. Theory of Human Rights
Human rights in principle is a set of rights attached to nature and human existence as a creature of Almighty God and the grace that must be respected, upheld and protected by the state, law, government, and everyone for the respect and protection of human dignity ,
The recognition that every person wherever he lived in this world has a natural dignity and the same rights and can not be deprived of all members of the human family is the foundation of freedom, justice, and peace in the world.
One of the principles of human rights is discrimination. The principle of non-discrimination means that all human rights principles should apply to all human beings without distinction, whether differences in ethnicity, race, religion, nationality, skin color, sex, language political conviction, property, birth, and others.
Human rights and human obligation to contain traits that are complementary, which actually increases the dimensions of a state of law / rechtstaat is the kind of country that is very opposed to state power / machtstaat. Basic thoughts that support it is the people's freedom (liberte du citoyen) is not the greatness of the country (gloire de l'etat).
The principle of legal protection against government action rests and comes from the concept of the recognition and protection of the rights of man because, according to the history of the west, the birth of concepts about the recognition and protection of the rights of man are directed to such limitations and laying down the obligations of society and government.
The dominant aspect of the western concept of human rights emphasizes the existence of rights and freedoms inherent in human nature and status as individuals, such rights are above state and above all the political organizations and absolute that can not be contested. Because of this concept, it is often leveled criticism that the western concept of human rights is an individualistic concept. Then, with the inclusion of social rights and economic rights and cultural rights, there is a tendency began melunturnya indivudualistik nature of the concept of the West. The close connection between the justice and human rights on the legal protection of temporary workers, suggesting that some of the above theory becomes very relevant to be a knife analysis in order to describe a condition that occurs towards the implementation of Law No. 13 Year 2003 on Manpower, particularly in terms of the Agreement Specific Work time is often not implemented properly so that the resulting legal protection to contract workers to become weak and detrimental to workers.
2. Conceptual Framework
Conception is meant here is the conceptual framework is the part that explains things related to the concept used by the author. This conceptual Kerangaka includes operational definitions used in the writing and explanation of the concepts used.
In this study, formulated a series of frameworks of conception or operational definitions as follows:
a. Employment is everything related to the workforce at a time before, during, and after the work period.
b. Labor is any person who is able to work in order to produce goods and / or services to meet the needs of both themselves and the community.
c. Worker / laborer is someone who works for a wage or other forms of remuneration. d. Employers are:
1) An individual, association, or legal entity that operates a self-owned enterprise
2) An individual, association, or a legal entity that independently run company was not hers 3) An individual, association, or a legal entity located in Indonesia representing the company referred to in paragraphs a and b domiciled outside the territory of Indonesia.
e. The company is:
1) any form of a legal entity or not, owned by an individual, a partnership or a legal entity, either private or state-owned, employing workers / laborers by paying salary or compensation in other forms
f. The employment agreement is an agreement between the workers / laborers denganpengusaha ataupemberi work containing the terms of work requirements, rights and obligations of the parties.
g. A work agreement for a certain period of time referred to in paragraph (1) shall be based upon: 1) The time period; or
2) the completion of a particular job.
h. Certain Time Employment Agreement, hereinafter referred PKWT is working agreement between the workers / laborers with employers to hold a working relationship within a certain time or for a particular worker.
i. Time Indefinite Employment Agreement, hereinafter referred PKWTT is working agreement between the workers / laborers with employers to hold a permanent employment relationship. j. The working relationship is the relationship between employers and workers / laborers by employment agreement, which has elements of jobs, wages, and commands.
k. Wages are workers' rights were received and expressed in terms of money as a reward from the employer to the worker / laborer assigned and paid by an employment agreement, agreement or legislation, including allowances for workers / laborers and their families for a job and or services have been or will be made.
l. Workers' Social Security is a protection for workers in the form of compensation in the form of money as a partial replacement of lost income or reduced and services as a result of events or circumstances experienced by workers in the form of a work accident, illness, pregnancy, maternity, old age, and die.
F. Methods
The research method that will be used in writing this dissertation is a method of Normative Legal Research (normative juridical) and Empirical. Normative Legal research is research which refers to the legal norms contained in the legislation applicable as normative footing. The approach used is the approach document for this study is a literature research or research documents directed or carried out by viewing and examining the various provisions of laws and regulations pertinent and relevant to the employment agreement certain time which is the object of this study or in other words see the law of the normative aspects focused on the Employment Act (statute approach).
Next is to use empirical research methods of conducting research by looking at the facts on the ground through interviews with several informants that serves to strengthen the normative research results.
As for the collection of data in this paper using the technique:
Application Specific Time Employment Agreement. Library research was conducted by studying legal materials, namely:
a. Primary legal materials, ie materials legally binding:
1) of the Constitution of the Republic of Indonesia Year 1945. 2) Act No. 13 of 2003 on Manpower.
3) Act No. 24 of 2011 About BPJS
4) Act No. 39 of 1999 concerning Human Rights 5) of the Civil Law Act.
6) the Indonesian Government Regulation No. 86 Year 2013 About the Procedure for Imposing Administrative Sanctions To Employer addition to State Officials And Everyone, In addition to the Employer, Worker, And Beneficiaries contribution in the Implementation of Social Security 7) Government Regulation No. 53 of 2012 on the Eighth Amendment to Government Regulation Number 14 of 1993 on the Implementation of Social Security Workers Program
8) the Indonesian Government Regulation No. 84 Year 2013 About the Ninth Amendment to Government Regulation Number 14 of 1993 on the Implementation of Social Security Workers Program.
9) the President of the Republic of Indonesia Regulation No. 111 of 2013 on Amendment to Presidential Regulation No. 12 Year 2013 About Health Insurance
10) Decree of the Minister of Manpower and Transmigration THE REPUBLIC No.KEP 100 / MEN / VI / 2004 on the Implementation of the Provisions Certain Time Employment Agreement. b. Secondary law, namely the legal materials that explain the primary legal materials, such as, the results of research and the work of the law, relating to the title of this essay.
c. Tertiary legal materials, ie materials that provide instructions and an explanation of the primary and secondary legal materials, which are used are:
1) Law Dictionary
2) Big Indonesian Dictionary
G. Systematics Writing
To facilitate understanding of this dissertation, the systematic writing is divided into several chapters that consist of several sub-chapters. Dissertation titled "LEGAL PROTECTION FOR WORKERS CONTRACT AGREEMENT IN PARTICULAR TIME BY LAW NUMBER 13 OF 2003 CONCERNING EMPLOYMENT", the discussion is divided into five (5) chapters, as described below:
CHAPTER I INTRODUCTION
In this chapter describes the background of the problem, formulation of the problem, scope, objectives and benefits of writing, the theoretical framework and conceptual frameworks, research methods, and the systematic writing.
CHAPTER II LEGAL PROTECTION LAW REVIEW OF CONTRACT WORKERS
In this chapter will discuss the legal protection according to some experts, the nature of employment law on workers 'legal protection, legal protection of contract workers in PKWT, legal protection against contract workers' wages and social security protection for workers. CHAPTER III AGREEMENT IN PARTICULAR TIME PT ARTA BOGA CEMERLANG JAKARTA
In this chapter will discuss the Employment Agreement Specific Time (PKWT) that run in the division Merchandising PT Arta Boga Cemerlang Jakarta consisting of the parties involved in PKWT, period PKWT, terms PKWT, rights and obligations of the parties, termination PKWT, as well as the procedures for the extension and renewal PKWT.
CHAPTER IV ANALYSIS OF CERTAIN TIME AGREEMENT IN PT ARTA BOGA CEMERLANG JAKARTA BY LAW NUMBER 13 OF 2003 CONCERNING EMPLOYMENT In this chapter will discuss the analysis of the employment agreement certain time based on Law Number 13 Year 2003 on Employment and extent of these rules in its application to provide legal protection for contract workers division. It also discussed about the government efforts to provide legal protection to contract workers.
