Rafie Juliano Devito

1806174465
KKI
LABOUR LAW MIDTEST
Answers

1. a. The Definition of labour law according to Iman Soepomo is that it is a law comprises of
written and unwritten law concerning to a situation where works carried out under the
leaderships of other people, and the labor then receives wages from the leader. And according
to NEH Van Esveld, labour law is a lkaw concerning legal relation where a person works carried
out under the leadership of others and receive wages, including job carried out under his/her
own responsibility, and receive payment.
b. Labor law primarily concerns the rights and responsibilities of employees. Some groups of
employees find unions beneficial, since employees have a lot more power when they negotiate
as a group rather than individually. Unions can negotiate for better pay, more convenient
hours, and increased workplace safety. Employers also must follow specific rules when dealing
with union members. For example, employers may only negotiate with designated union
representatives and must carefully any agreement between the union and the employer.

2. An important part of employment that has received much attention is the employment
relationship between workers / laborers and employers. This employment relationship is
included as an Agreement. In accordance with Article 1313 of the Civil Code which reads
"Agreement is an act by which one or more people tie it to one or more other people."
From the provisions of the article, it is clear that work agreements between workers /
employers and employers all depend on the agreement of both parties. And according to the
agreement, 14 days is above the national standard and can also be enforced under article 124
of Law no.13 year 2003. So in my conclusion is that the collective labour agreement such prevail
in this situation.

3. Robby received wages Rp. 15.000.000,-/per-month. He work 7 (seven) hours a day and 40
(forty) hours a week. Which is covered by the working hours regulation, but to calculate his
overtime it can be viewed as:
40 hours per week: Rp. 15.000.000
Per hour: 93,750.
Friday:
first hour: 140,625 (93,750 times 1.5)
2&3rd hour: 562,500 (93,750 times 2(regulation) times 3(hour)
Saturday:
first hour: 140,625 (93,750 times 1.5)
2&3rd hour: 562,500 (93,750 times 2(regulation) times 3(hour)
So per week robby receives an extra of 1,406,250. So that amounts for 5,625,000 per month
So in conclusion, this month robby receives a wage in the amount of Rp.20,625,000
(15,000,000 +5,625,000)

4. there are two legal resources of labor law, there are autonomous norm, which is a norm
made by parties who are involved in an employment relation, which for example; a labor
Rafie Juliano Devito
1806174465
KKI
agreement, company regulation, collective labor agreement, and custom. There are also
resources coming from the heteronomy norm which is a norm made by a third party outside
the parties bound in the employment. For example, there are law no.13 year 2003 which The
government has basically compiled instruments to protect and regulate employment in
Indonesia so as not to disadvantage the various parties, namely workers and companies
concerned.

5. There are three types of legal system of labor law, which there are as follows; Civil labour
law, which regulates rights and obligation based on private law, employment contract,
company regulation, and collective labour agreement. It is also regulated under Public Labour
law, which there are obligations to pay overtime, the prohibition of giving annual leave below
12 workdays, the prohibition of paying wages below the minimum wage. And there are also the
system of criminal labor law, which regulates the violation to minimum wage regulations, the
hindering of the formation of trade union, and preventing trade union to strike.

6. Having a competent and qualified workforce is certainly the desire of every company. In a
strategic position, employees like this are needed to be able to make the best decisions.
However, in the type of work that does not really require high competence, A work agreement
is a bond that must be fulfilled by the worker / laborer and the company where he works. The
rules regarding work agreements that have been set by the government function to provide
protection for both parties. Thus, economic growth can be maintained, and community welfare
can be achieved. there are two work agreements, namely the Specific Time Work Agreement
(PKWT) and the Unspecified Time Work Agreement (PKWTT). This is stated in Article 56 of the
Manpower Act which reads: Work agreement is made for a specified time or for an unspecified
time. The employment agreement for a specified time referred to in paragraph (1) is based on:
period of time; or completion of a certain work. Unlike the PKWT contract which is limited to a
maximum of 3 (three) years, PKWTT has no time limit. At PKWTT, the company is obliged to
provide payment in the event of Termination of Work (PHK), while this is not the case with
PKWT because PKWT workers will stop working when the agreement ends. In addition, PKWT is
also not allowed to set a trial period; whereas PKWTT may require a maximum trial period of 3
(three) months. Finally, PKWT must have a written contract; whereas PKWTT can be made
verbally but must make an appointment letter for the worker / laborer concerned. So in
conclusion, if I were to become an employer, I would use the PKWTT Method because there are
less regulation and more flexibility towards the company.

7. legal philosophy of labor law is a matter related to the principles of philosophy of formation
of norm of labor law. The pair of antinomy/value underlying the formation of a norm actually
concentrates on an objective to create justice. The pairs of antinomies which is also used to
provide basis for formation of labor law.
a. Every worker has right to get annual leave 12 day every year.
Rafie Juliano Devito
1806174465
KKI
This correlates with the norms of contemporaneity and futurity, which is a norm
that guarantees the prosperity of labor, the contemporaneity and futurity must
always receive attention to keep them in a level of harmony.

b. Every Employer obligates to hinder the formation of Trade Union.

This correlates with the conservatism and innovation norms, which is a norm for
the implementation of labor relation that will always be influenced by a situation
and condition of community life. In such situation, industrial relation is expected
that it can as much as possible be maintained and expected to be in line with the
progress in the community.
c. Every Employer is prohibited to pay wages below the Minimum Wage.

this correlates with the norm of morality and materiality. Which is the progress
that the company makes, is as much as possible enjoyed by both the labor and
the employer proportionally.
d. Every worker has to follow requirements of the Strike.

Which correlates with the norm of freedom and orderliness, which in performing
labor relation, both employer and labor has freedom in exercising right and
fulfilling the obligation.

8. Pursuant to Article 1 number 20 of Law Number 13 of 2003, it is stated that

Company Regulations (PP) are, "Regulations made in writing by employers that
contain the terms of employment and the rules of the company." While the
Collective Labor Agreement (PKB) based on Article 1 number 21 of Law no. 13 of
2003 is, "Agreement which is the result of negotiations between trade unions /
labor unions or several trade unions / labor unions registered with the agency
responsible for manpower with employers, or several employers, or employers'
associations which contain conditions of employment, the rights and obligations
of both parties. " In understanding, the PP and PKB are very different. PPs are only
made unilaterally by employers, while PKB is formulated by employers together
with trade unions / labor unions that are representative of workers / laborers in
the company. PKB is a means of industrial relations regulated by the Manpower
Law. Through the PKB, the rights and obligations of workers and employers are
democratically regulated and determined through negotiations or negotiations
and then bound by agreement. In contrast to PP, the preparation is done by
management.
Rafie Juliano Devito
1806174465
KKI

9. outsource / outsourcing is an agreement on the handing over of work to a third

party, in which a labor provider company calls a number of its workers to a
contracting or recruiting company. So outsourcing employees work in accordance
with the work agreement agreed between the contracting company with the
employment agency or labor provider.
Outsourcing of the work:
• An enterprise may subcontract parts of its work to another enterprise
under written agreement of contract of work.
• Work that may be subcontracted must be
o Can be done separately from the main activity.
o Is an entirely auxiliary activity of the enterprises.
o Does not directly inhibit the production process
o Direct or indirect order from the main contractor.

Outsourcing of the worker

• An enterprise may subcontract parts of his work to the labor supplier of
worker under written agreement.
• Workers from labor supplier must be utilized by employer to carry out
auxiliary service activities or indirectly related to production process.
• Labor suppliers shall be a legal entity with a license from the Government.

10. According to government regulations related to the use of foreign workers in

the Minister of Manpower Regulation Number 10 of 2018 concerning Procedures
for the Use of Foreign Workers, Companies must first have a Foreign Workers Use
Plan (RPTKA) before accepting foreign workers. RPTKA is a plan for the use of
foreign workers in certain positions which is made for a certain period of time and
is approved by the Minister or appointed official. One component that must be
submitted is a clear employment agreement or employment agreement. It must
at least include work relations at certain times and for certain positions. After
getting the RPTKA, the company will also be asked to submit similar data when
submitting the RPTKA to get Notification. Notification is approval for the use of
foreign workers issued by the Director General of Manpower Placement and
Expansion of Employment Opportunities as a basis for the issuance of a Limited
Rafie Juliano Devito
1806174465
KKI
Stay Permit for said foreign workers. After you have successfully employed a
Foreign Worker, of course the thing to consider is giving them their rights. In
addition to salaries, companies are also required to provide compensation to TKA
for paying PNBP (Non-Tax State Revenues) and Regional Revenues.
This compensation is referred to as the TKA Usage Compensation Fund (DKP). The
amount to be paid is US $ 100 per person per position each month. DKP also
applies to companies that employ foreign workers who have been tied to other
companies before. The company is also required to include foreign workers in the
insurance program and national social security who have worked for at least 6
months. The company must also coordinate with the Financial Services Authority
(OJK) first. Then another right that must be given by the employer company is
Indonesian education and training for foreign workers employed.