Politik Hukum dalam Hukum Ketenagakerjaan berdasarkan Peraturan Perundang-Undangan Ketenagakerjaan

Abstract

The enactment of Law on Labor in 2003 (Law No. 13/2003) was not approved by either workers/labors or businessmen. During President Susilo Bambang Yudhoyono's administration, the government applies legal policy in forming Labor Law based on the paradigm that the problem of increasing unemployment is to solve through flexible work connection system. This flexible work connection system is described in the National Medium Term Development Plan (RPJMN) 2004-2005 and the Presidential Instruction (Inpres) No.3/2006 on Investment Climate Improvement. This requires the government to act carefully in deciding Labor Legal Policy so that the forming of Legal Law keeps orienting to the attempt to improve social welfare. Therefore, even though globalization demands the minimizing of state role, in the field of labor, state role is justified through affirmative action. State role becomes more important because workers'/labors' bargaining power is still low that the implementation of the work system of specific time and the outsourcing system preferred by the businessmen/entrepreneurs should be oriented to the interests of both parties (businessmen/entrepreneurs and workers/labors).