Siti Hajati Hoesin
FACULTY OF LAW UI
Definition
 A branch of legal science: scope and
definition
 Basis: industrial relation
 Object: labor performed by human
 privaatrechtelijk  publiekrechtelijk
 Labor protection
FACULTY OF LAW UI
Administrative Law: Laws that govern everything that
pertains to state administration i.e. All activities in
performing the duties of public service, development,
economic affairs, people’s welfare improvement, etc. –Safri
Nugraha
State Administration comprises the following (vide Prajudi
Atmosudirjo) i.e.
1. One of government functions;
2. As government machinery and apparatus;
3. As a process of implementing government’s duties and
business that requires certain coordination.
FACULTY OF LAW UI
The ultimate objective of labor law is the
realization of SOCIAL JUSTICE, by means of:
 LABOR PROTECTION, stipulated in
heteronomous administrative law.
 REGULATIONS OF INDUSTRIAL RELATIONS,
stipulated in autonomous administrative law.
 ADMINISTRATIVE SANCTIONS against
violations to regulations on industrial
relations and labor protection.
 MONITORING BY GOVERNMENT.
FACULTY OF LAW UI
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Each Citizen has the right to work and decent
living to humanity. (27.2)
Everyone has the right to work and to receive
remuneration and fair and equitable treatment in
employment relations. (28D.2)
Everyone has the right to freedom of
association, assembly and expression. (28E.3)
Everyone has the right to be free from
discriminatory treatment on the basis of
anything and is entitled to protection against
such discriminatory treatment (28I.2)
FACULTY OF LAW UI
Provided by Law 13/03.
 Manpower development planning
 Development of training and apprenticeship
 Expansion of employment opportunities
 Stipulation of minimum wage
 Development
 Reward
FACULTY OF LAW UI
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Manpower information
Job training
Apprenticeship
Migrant worker placement
Minister, with regard to employment
agreements, female labors, working time in
certain sectors or jobs, overtime, wages,
categorization of companies.
Labor inspector
Civil investigator
FACULTY OF LAW UI
Delegation
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Labor placement and protection, to provincial
governments
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Labor mediation
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Labor consiliation
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Labor inspection at provincial/regency/municipal levels
Joint administration
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With regard to development, implementation and
monitoring of migrant workers placement and
protection
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Provincial minimum wages
FACULTY OF LAW UI
Regulative
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Law 13/03 Manpower, Law 21/00 Labor Union, Law 02/04
Industrial Relation Dispute Resolution, Law 39/04 Migrant
Workers Placement and Protection.
GR, as implementing regulations.
Ministerial Decrees, as technical guidances. (teknis
pelaksanaan)
Decisions
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industrial relation dispute resolution
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imposition due work termination
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Worker placement company permit
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Job training institution permit
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Abroad apprenticeship permit
FACULTY OF LAW UI
Preventive and Sanctioning
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Company compulsory reports
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Endorsement of company rules
Adjudicative
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Decision on industrial relation dispute
resolution
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In order to achieve working satisfaction and
business certainty
With regard to international cooperation
Monitoring to production process actors
FACULTY OF LAW UI