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Implementation of Sharia Industrial Relationship Concepts as Alternative Solutions of Non Litigation Legal Assistance in the Legal Pluralism in Indonesia

Wijayanti, Asri and Suhartono, Slamet and Isnawati, Muridah (2018) Implementation of Sharia Industrial Relationship Concepts as Alternative Solutions of Non Litigation Legal Assistance in the Legal Pluralism in Indonesia. Implementation of Sharia Industrial Relationship Concepts as Alternative Solutions of Non Litigation Legal Assistance in the Legal Pluralism in Indonesia , 4 (09). pp. 1917-1923. ISSN 2395-7220

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        Abstract

        The state of industrial relations should be conducive, especially in legal pluralism in Indonesia. The rule of law should provide legal certainty and should not contain vague norms. Law 13/2003 on employment has not maximally provided legal protection for workers. Some articles governing industrial relations contain a vague norm. There are multiple interpretations of the values of Pancasila and the 1945 Constitution as the basis for the application of the concept of industrial relations. TAP MPR No. II / MPR / 1978 concerning Guidance on the Practice and the Application of Pancasila (P4), has been revoked by MPR Decree No. XVIII / MPR / 1998 jo. TAP MPR No. I / MPR / 2003. This study aims to provide an alternative solution for the development of the concept of industrial relations in the perspective of Islam, as an alternative solution of non-litigation legal aid in Legal Pluralism in Indonesia. This is a normative juridical research uses statute and conceptual approach. The result of this study shows that there are principles of Islamic law that can be implemented in regulating the industrial relations that close to the sense of justice which covers the principles of justice, helpfulness, and mutual benefit, clarity of the contract (agreement) and the transparency of wages, mutual responsibility, and contentment to each other. The implementation of the concept of sharia industrial relations can be used as a source of multi-interpretation of the regulation of Law 13/2003 on the values of Pancasila and the 1945 Constitution and as an alternative solution of non-litigation legal aid in Legal Pluralism in Indonesia.

        Item Type: Article
        Uncontrolled Keywords: legal pluralism, Syaria industrial relations, vague norms.
        Subjects: H Social Sciences > H Social Sciences (General)
        K Law > K Law (General)
        Divisions: Buku > Fakultas Hukum
        Depositing User: DR ASRI WIJAYANTI
        Date Deposited: 18 Feb 2020 19:04
        Last Modified: 18 Feb 2020 19:04
        URI: http://repository.um-surabaya.ac.id/id/eprint/2956

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