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

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.