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Rights to the Freedom of Trade Unions in the Constitution and its Implementation

Wijayanti, Asri (2017) Rights to the Freedom of Trade Unions in the Constitution and its Implementation. International Journal of Applied Business and Economic Research, 15 (7). pp. 107-115. ISSN 0972-7302

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        Abstract

        The right to freedom of labour association has received basic protection in Constitution of 1945. It’s explanation is in Law 21/2000 jo. Law 13/2003 jo. Law 2/2004 and it’s implementing regulations. There are some restrictions in the implementation in the legislation that removes the right of association. This study aims to analyze the vertical-horizontal inconsistencies on the rule of law regarding the right association that can lead to multiple interpretations over union busting that can eliminate the rights of association. This study uses normative juridical approach and socio legal for union busting on a case that occurred in East Java between the years 2012- 2015. The result of study are, First It’s vertical inconsistency (the Law 21/2000 and its implementing regulations against the Constitution of 1945) and horizontal inconsistency (the Law 9/1998 jo. Law 21/2000 jo. UU13 / 2003 jo.UU 2/2004). Second, vertical-horizontal inconsistencies resulted in multiple interpretations which resulted in union busting in Surabaya (non-recognition of trade unions by the Employers), in Gresik (failure of the plan to strike at vital company State), in Sidoarjo (formation of Trade Unions resulted in dismissal), in Jombang (deceiving of the recording of trade unions formation). Third, the difficulty of proving the perpetrators of union busting has removed the nature of the legal protection of the right of labour association. The conclusion was that there were vertical-horizontal inconsistencies on the rule of law regarding the right of associations that can lead to multiple interpretations on union busting in order to eliminate the right of labor association in East Java. Recommendations of revised provisions on the rights of association that raises multiple interpretations and training for law enforcement and legal counseling for people on the rights of labor association. Keywords: freedom/the right of association, the vertical-horizontal inconsistencies, union busting.

        Item Type: Article
        Subjects: H Social Sciences > HB Economic Theory
        K Law > K Law (General)
        Divisions: Jurnal > Fakultas Hukum
        Depositing User: DR ASRI WIJAYANTI
        Date Deposited: 05 Mar 2019 16:46
        Last Modified: 05 Mar 2019 16:46
        URI: http://repository.um-surabaya.ac.id/id/eprint/3081

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