Analisis Terhadap Perjanjian Kerja Bersama dalam Hubungan Industrial di Provinsi Sumatera Utara

Abstract

Article 116 verse (1) Act No 13 of 2003 concerning the manpower states that Collective Labor Agreement is made by Labor Union or by some Labor Unions which are registered on the related instance in the manpower among the employer an some concerning with the manpower, it is stated that the making of Collective Labor Agreement must be based on good-wish. It means that there must be honesty and openness from all related parties as well as the awareness/voluntary without any pressure from one party into another party. This research is analytical research which discusses Collective Labor Agreement as a part from manpower Law. As it is said by M. Solly Lubis, descriptive research is intended for knowing the description related to the situation or events. This research is carried out using normative juridical. Normative juridical approach is used to see the direct event directly among workers, labor union and the employer, particularly on the implementation of Collective Labor Agreement. Due to the developed of democracy, it is for the present time there is the increase on the dynamical to the quality and quantity of relationship from time to time among the workers and employers by the similarity on the needs and objectives. In assuring the certainty on the rights and obligation among workers and employer in the case of working relationship, it is necessary to have one basic formulation as the guidance on the arrangement of the right and obligation among the workers and employers in the form of Collective Labor Agreement. The making of Collective Labor Agreement has been as the creation and participation of the workers and employer for the sake of developing balanced working relationship. Thus, Collective Labor Agreement will have the function as 1) the guidance and main rule concerning with the right and duty of the workers and employers for avoiding the unnecessary difference. 2) the facilities in creating the place for the workers and employer for the survival of the company. 3) the proof of the participation in determination on the policy for the employer in the labor case. 4) as the filling for the empty law regarding the working requirements wich are not settled out. The certainty on the rights and duties will lead into better fulfillment of the needs for the two parties, as it is previously agreed. The partnership among the workers and employers must be developed in the industrial relationship, as long as the company would like to have superior competition on the international and also for the survival in the future. Thus, the partnership is intended for enhancing the progress of the company. Each party should be consistently implementing its duties and it is in accordance with the agreement. The result of research shows that firstly collective labor agreement is the main guidance in arranging the rights and duties of the workers and entrepreneurs, secondly, that collective labor agreement is for providing labor standard which are not regulated on labor rules, thirdly, there are some companies without having collective labor agreement with the reason of for the sake of entrepreneurs in facilitating the workers and lack of awareness of the workers and entrepreneurs to the manpower act.