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21. cek plagiarism PROMOTE LABOR EDUCATION THROUGH INTERNATIONAL COOPERATION IN THE FIELD OF APPRENTICESHIP

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PROMOTE LABOR EDUCATION THROUGH INTERNATIONAL COOPERATION IN THE FIELD OF APPRENTICESHIP

Asri Wijayanti

University of Muhammadiyah Surabaya

Abstract

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through international cooperation in the field of apprenticeship abroad for students. Apprenticeship arrangements based on Kepmenaker No. MEN. 226 / MEN/2003. The fact apprenticeship for students

has been abused by employers. The

research was the normative legal research with the

statute approach. The results of this research is that there is inconsistency on the vertica

l-horizontal apprenticeship arrangements abroad. Conditions of internship participants are students have been misused by putting prospective employees of a company, such as the fast food company and a beauty salon. There are the wage discrimination for prospective and permanent workers. This is not consistent with the objectives of apprenticeship is to improve the quality of education students to be graduates who are ready to work with skill labor. Recommendations from this research are a revision of the regulation of apprenticeship and legal enforcement.Keywords:

Apprenticeship, education, students, international cooperationIntroduction

The number of workers are not comparable with employment, resulting in high competition for jobs. The population of Indonesia are 237 641 326 people. On February 2012, the total labor force were 120.4 million people. Working people are 112.8 million people. There are approximately 42.1 million people or 34.24% of employees who work in formal activities and 70, 7 million people or 65.76% in informal activities.

Dienstverhoeding between employers and employees, resulting in a weak labor and marginalized in the employment relationship. Necessary legal protection for workers. Protection through legal means against certain interests, as legal rights. Interests

of workers and potential workers to

improve skills, through education and job training. Apprenticeship can be done outside the territory of

Indonesia. There are 4927 people between 2009 and 2011, which set off an internship to Japan. Apprentices are expected 2,500 people will leave in 2012. They will be placed in approximately 700 companies that provide 60 different majors.The results showed that the apprenticeships as a strategy to prepare skill labor. Success of apprenticeship depends on the place apprenticeship an effect on the e

xperience and quality of labor. Apprenticeship may stem from the failure of the rule of law. This paper tried to see the issue of unjustice experienced worker apprenticeship. Several case examples will be presented to illustrate the importance of the revision of the rule of law on apprenticeship through international cooperation.

Materials and methods

The problem in this study is how the model of apprenticeship arrangements abroad the right to advance the education workforce. The study was a conceptual study, namely the study of law with the normative with the statute of approach.

Result and discussions

The purpose of the apprenticeship is to

prepare students to have skill labor without eliminating / reducing the minimum standards of work. The results showed, apprenticeship has been misused, become a means to obtain low-wage workers. ILO member States an obligation to regulate apprenticeship mechanisms through national legislation.

A discussion of how the model of apprenticeship arrangements abroad the right to advance the education workforce, laid out three basic questions as the frame work. First,

"What the overseas apprentices are worker?"

This study is a normative juridical with statute approach. The discussion will be based on legislation. An apprenticeship abroad are governed by Decree of the Minister of Manpower and Transmigration KEP. 226 / MEN/2003 jo KEP. 112/MEN/VII/2004 jo PER-22/MEN/V/2006 on licensing procedures for the implementation of apprenticeship programs outside the territory of Indonesia. This provision is a further implementation of Article 1 of the 11 jo. Articles 21-30 of Law 13/2003.There is a difference between understanding

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Apprenticeship shall be carried out based on an apprenticeship agreement made in writing between the apprenticeship participant and the entrepreneur. The apprenticeship agreement shall at least have stipulations explaining the rights and obligations of both the participant and the entrepreneur as well as the period of apprenticeship. Any apprenticeship administered without an apprenticeship agreement shall be declared illegal and as a consequence, the status of the apprenticeship's participants shall change to be the workers/ labourers of the enterprise(Art. 21 of Law 13/2003). Of provisions that can be seen that apprenticeship training is part of the work. Conditions of internship is no apprenticeship contract that contains the rights and obligations and time period. If the condition is not met then a worker apprentices.

From the formula above, can be interpreted that the apprentices are all people who want to have certain skills and expertise by training and working on others. Who is ordered the internship? No one else, because the will to come from a potential apprenticeship interns. Who is be train apprentices? supervisor. Instructor or

supervisor is a supervisor of workers / laborers who are more experienced. He was ordered by the people who hire interns to perform counseling. Who is involved in the internship in addition to interns and employers? vocational training institutions that have permission (Article 3 Kepmenakertrans KEP. 226 / MEN/2003). What is the purpose of an apprenticeship? mastered a particular skill or expertise. What is the internship? workers who master a specific skill or expertise. So the apprentice is worker.Limits understanding of apprenticeship in the Manpower Law different from the universal concept.

Apprenticeship means any system by which an employer undertakes by contract to employ a young person and to train him or have him trained systematically for a trade for a period the duration of which has been fixed in advance and in the course of which the apprentice is bound to work in the employer's service.

(I.1.c. R57 Vocational Training Recommendation, 1939). The mean of apprenticeship must be intended for the purpose of implementing the school curriculum. During the internship, school attendance is no longer a mandatory (Article 2 b R.60 Apprenticeship Recommendation, 1939). Formulation of R. 57 jo. R. 60 confirmed in C. 140, which is

paid educational leave means leave granted to a worker for educational purposes for a specified period during working hours, with adequate financial

entitlements (Article 1

C140 Paid Educational Leave Convention, 1974)

. In accordance with the formulation of apprenticeship, the apprentice must be implemented in a series of educational activities. Apprentices must still serves as the school students. Internships are not working. In the Netherlands, apprenticeship is not worker. The element 'work' was not fulfilled, because the educational character of the work prevailed above the productive element, because it was done within the framework of the educational program of the school.The second question,

"what obligations and rights of apprentices?"

The obligation is to follow the training of apprentices in vocational training institutions and to work according to the curriculum and syllabus are determined based on job competencies in the workplace. Job competence is the ability of each individual that includes aspects of knowledge, skills, work attitude in accordance with established standards (Article 2 Kepmenakertrans KEP. 226 / MEN/2003).

The rights of the apprentices are getting certificates (from the training institution if the relevant work has been completed the apprenticeship program); follow the competency test (to obtain recognition of qualifications); get accident insurance, health, death (the premium paid by the recipient institutions apprenticeship program participants, the magnitude accordance with the provisions in force in the country); implementation of apprenticeship programs; get the safety and health facility during the internship in the company; earn pocket money and transport (in accordance with the agreement of apprenticeship training institute apprenticeship program organizers) (Article 5 Kepmenakertrans KEP. 226 / MEN/2003 jo. Article 8 (2) of Law

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has not changed since 15 years ago and now relatively lower than the hourly wage for the worker side (part-time worker or arubaito). Japanese companies that have factories in Indonesia, conducting internal

apprenticeship period in Japan every year. This will benefit them in the Japanese manufacturing sector because it can offset the need for labor.From the above it appears that apprentices in Japan after carrying out the work according to the guidance of an instructor / more experienced workers earn wages below the hourly wages of part-time worker. They do not get pocket money and transport in accordance with Article 5

Kepmenakertrans KEP. 226 / MEN/2003.

Unclear status apprentices occur also in the country. Engineering schools to place students' status. People who are not students of the school can work as an apprentice through the intermediary of Administration SMK Panca Sakti at Kentucky Fried Chikken.

More than 2,700 interns (college students) completed the program at L'Oréal in France and around the world in 2007 for a period of 3-12 months, for the preparation of research positions, operations, finance, information systems, marketing, sales, communications, human resources. Furthermore, many companies stand labor brokers who take refuge in the apprenticeship system, such as PT Fuji Bijak Prestasi for the position of receptionist, administration staff, it staff, accounting staff, marketing staff, purchasing staff.

The provisions of Article 1 number 11 jo. with Article 21-22 of Law 13/2003 contrary to the provisions of Article 1 ILO Convention no. 140 jo. Article 1.1.c ILO Recommendation no. 57 jo. Article 2 ILO Recommendation no. 60. The requirement of students as apprentices are not applied in Indonesia. Due to this inconsistency rule of law,

be used as a means of

internship employers to pay low wages. Be conceptualized as apprentices status of workers (Article 1 of the 11 jo. Articles 21-22 of Law 13/2003) but in the security entitlements, conceptualized as students only receive pocket money and transport it. (Article 5 Kepmenakertrans KEP. 226 / MEN/2003).

Third, how are the procedure apprenticeship abroad?

Provisions of the apprenticeship outside the territory of Indonesia

shall be further regulated by Ministerial

Decree (Article 25 paragraph (3) of Law 13/2003). Apprenticeship selection process consist of administrative, training at training centers, in-house training and off the job training abroad. Administrative selection, performed in

collaboration with the local Department of

Labour, aged 18-40 years, minimum education Vocational School, has been following the briefing at least 480 hours in the vocational training center (BLK), pass the administrative selection (well-behaved, healthy physical and spiritual), following the interviews and health tests. In-house training (4 months) with language and material culture, immigration, discipline, and physical exercise. During this training process pramagang accommodation and dining facility whose costs have been calculated with their earnings during the next 3 years in Japan. Off the job training process in (1 month) the introduction of language, culture / local customs.Does the State have set up mechanisms duty overseas internship with the fair? Yet. No Kepmenakertrans. KEP. 226 / MEN/2003 Organizers Institute Internship Program divides into two, for the general public and for workers. Training for workers in general is called training. Against them since the beginning has been in a relationship. All activities and administration of funds must be borne by employers as an employer. There is a misconception of law relating to the Agency Operator Apprenticeship Program for the general public. Apprentices should only those who are still a student. Implementation of internship completion must be within the framework of the school curriculum. This is overlooked by the government in the formulation Kepmenakertrans No. KEP. 226 / MEN/2003. As a result, apprentices who are not students, interns do not run the school curriculum in order to completion, to employment (due to meet the elements of employment relationship: orders, employment and wages) but did not get the right to minimum employment standards (just get pocket money and transport, and bear all the cost of apprenticeship). This fact must be stopped.State has not fully provide the right education and training. Every citizen has the right to work and to live in human dignity (Article 27 paragraph (2) of 1945). Every person has the right to develop themselves through the fulfillment of basic needs, and is entitled to education and to benefit from science and technology, arts and culture, in order to enhance quality of life and for the welfare of humanity (Article 28C paragraph (1) of the 1945 Constitution).Conclusion

Model of apprenticeship arrangements abroad the right to advance the education workforce is

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the purpose of improving the quality of education apprenticeship to become graduate students who are ready to work with skill labor.Recommendations from this study is a revision of the regulation of overseas internship with the recommended model of apprenticeship arrangements abroad the right to advance the education workforce that is revising the permit requirement for the institution to the community organizers of apprenticeship

programs by requiring the cooperation with the schools that have curricula and student internships active as apprentices. Governments should facilitate the provision of funds for apprenticeships through the

establishment of training centers for students, entered into cooperation agreements with other countries.References

asri1wj@yahoo.com

http://sp2010.bps.go.id/index.php/site/index, 13/5 2012. Berita Resmi Statistik,

"Keadaan Ketenagakerjaan Februari 2012"

, Majalah BPS, No. 33/05/Th.XV, 7 Mei 2012. Harjono, Konstitusi Sebagai Rumah Bangsa,

Sekretariat Jenderal dan Kepaniteraan Mahkamah Konstitusi,

Jakarta, 2008, 270. Iman Sjahputra Tunggal, Pokok-Pokok Hukum Ketenagakerjaan, Harvarindo, Jakarta, 2009, 357. lowongan-kerja-program-magang-di-jepang, http://pitcing-lowongankerja.blogspot. com, 2/6/2012. Alison Taylor and Bonnie Watt-Malcolm, Expansive learning through high school apprenticeship: opportunities and limits, Journal of Education and Work, Vol. 20, No. 1, 27-44, 2007. Guus Heerma van Voss,

"The work agreement and manpower policy"

Workshop I Labour Law, Jakarta 23/3/2010. Dodik Kurniawan, Potensi problematika kenshusei pemagang di jepang menuju kemandirian, http://cholichul-fpsi.web.unair.ac.id, 2/6/2012.

http://smippancasakti.blogspot.com/2010/05/magang-di-kfc.html, 2/6/2012. http://www.loreal.co.id/_id/_id/our-careers/internship-and-apprenticeship.aspx, 2/6/2012.

http://www.mail-archive.com/iklanproduk@yahoogroups.com/msg00860.html, 2/6/2012. Dodik Kurniawan, op.cit.

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