Intensive Course
Human Resources Development
Management
Understanding Government Regulations
UU 21/2000
UU 13/2003 &
UU 2/2004
Oleh :
Dr.Ir.J.F.X.Susanto.S.MBA.,MM
Overview (1-2)
 Peraturan ketenagakerjaan masih sering berubah.
 Gejolak dan unjuk rasa buruh.
 Mutu tenaga kerja di Indonesia.
 Era globalisasi dan pasar bebas.
 Modal asing dan pertumbuhan ekonomi.
 Masuknya penduduk usia kerja kelapangan kerja.
2
Overview (2-2)
 Fungsi Hubungan industrial (Industrial Relations)
 HIP (Hubungan Industrial Pancasila)
 Sistim multi union diperusahaan
 Serikat Pekerja, SPTP
 Bipartite (Pengusaha & SP)
 Tripartite (Depnaker, APINDO, SPSI)
3
Hukum Perburuhan Terakhir
– Serikat Pekerja
 UU 13 / 2003 - Ketenagakerjaan
 UU 02 / 2004 – PPHI (Penyelesaian Perselisihan
 UU 21 / 2000
Hubungan Industrial)
4
UU 21 / 2000 - Workers Unionism
Chapter I
General Definitions
Chapter II
Statutory Basis, Characteristics and Objectives
Chapter III
Chapter IV
Formation of Unions
Membership
Chapter V
Notification and Recording
Chapter VI
Rights and Obligations of Unions
Chapter VII
Chapter VIII
Protection of the Right to Organize
Finances and Assets
Chapter IX
Settlement of Disputes Between Unions, Federations and Confederations
Chapter X
Dissolution of Unions, Federations and Confederations
Chapter XI
Inspection and Investigation
Chapter XII
Penalties in Relation to Offences Under the Act
Chapter XIII
Miscellaneous Regulations
Chapter XIV
Transitional Arrangements
Chapter XV
Coming Into Force of the Act
5
Law 21/2000 : Workers Union
 Issued after the ratification of ILO Convention No. 87





concerning Freedom of Association, by President Decree
No. 83/1998.
Three international issues :
– Freedom to organization
– Human Rights (HAM)
– Environmental
There are 15 Chapters, 47 Articles.
Established for and by the workers, inside or outside the
company for the purpose of protecting and improve the
social welfare of the workers.
Trade Union is established in one or more companies.
Basic principle : not against the “Pancasila & UUD 1945”.
6
Law 21/2000 : Chapter I
General Definitions
•
A workers’ union is an organization which is
established from, by and for workers.
•
The term worker / labor is defined as any person
who works for a wage or other form of a
remuneration package.
7
Law 21/2000 : Chapter II
Statutory Basis, Characteristics
and Objectives
• Workers’ union must accept, and their statutory basis
must not run against the state ideology of Pancasila
and the 1945 Constitution.
• Union, federation and confederation are obliged to be
free, open, independent, democratic and responsible.
• Functions : negotiation and making of CLA, settlement
of disputes, representing workers, defense of the
right and interest of their members.
8
Law 21/2000 - Chapter III
Formation of Unions
9
Law 21/2000 - Chapter IV
Membership
 Union, federation and confederation shall be regulated






by its constitution.
Must not limit or discriminate on the ground of
political allegiance, religion, ethnicity or sex.
Worker not allowed to join more than one union.
Managerial position employees are not allowed to
become union officials.
A worker may resign or leave his/her union
membership by written notification.
A union is allowed to be a member of a federation.
A federation is allowed to be a member of a
confederation.
10
Law 21/2000 - Chapter V
Notification and Recording
 Union, federation and confederation must be
registered at the local government office.
 Local government office must keep record of the
union, federation and confederation and will issue a
record number to the union, federation and
confederation within 21 days.
11
Law 21/2000 - Chapter VI
Rights and Obligations of Unions
Registered union has the right :
a. To negotiate with the company for CLA.
b. To represent workers in industrial dispute settlement
c. To represent worker in manpower council and
institution.
d. To establish institution or conduct labor-related
activities in improving workers social welfare.
e. To conduct other activities within manpower
development provided not contrary to the prevailing
regulation.
 The Union may affiliate and/or cooperate with
international organizations, provided that such affiliation
or cooperation does not run against national statutory
rules and regulations.

12
Law 21/2000 - Chapter VII
Protection of the Right to Organize
 It is illegal to prevent workers to form a union, joining
or leaving a union or carrying out union activities.
 The prohibited actions include ; dismissal, suspension
or otherwise prejudicing a worker at work;
withholding or reducing wages; intimidation;
campaigning against the establishment of a union.
 Employers must allow union committee members or
members to participate in union activities as provided
under a CLA.
13
Law 21/2000 - Chapter VIII
Finances and Assets
 Finances and assets of the Union must be
used in line with its constitution.
 Union officials are accountable for the use of
fund and are obliged to keep record.
 Financial report have to be submitted to the
members.
14
Law 21/2000 - Chapter IX
Settlement of Disputes Between Unions,
Federations and Confederation
 Any industrial dispute is settled under mutual
respect.
 If consensus is not achieved, will be settled
according to the prevailing regulation.
15
Law 21/2000 - Chapter X
Dissolution of Unions, Federations
and Confederations
 Union is dissolved by a decision of the members; the
company has closed down resulting termination of
employment.
 The courts may dissolve the union if its statutory is
contradictive to Pancasila ideology & UUD ‘45.
16
Law 21/2000 - Chapter XI
Inspection and Investigation
 The inspection officials from Manpower office are
functioning to ensure the right to associate and
conduct their activities.
 Besides normal police officers, inspection officials
from Manpower Dept. are also functioning to
conduct investigation on criminal offense.
17
Law 21/2000 - Chapter XII
Penalties in Relation to Offences
Under the Act
 The penalties include the revocation of the union
registration identity number.
 Those who are convicted in interference the right
to organize will be subject to at least 1 year in
prison 5 years maximum or fine minimum Rp.100
millions Rp.500 millions maximum.
18
Law 21/2000 :
Chapter XIII – Miscellaneous Regulations
 Government employees have freedom of
association.
 The implementation of this right is to be regulated
by separate legislation.
19
Law 21/2000 :
Chapter XIV – Transitional Arrangement
 Existing Unions have to renew their registration
number 1 year at the latest after the issuance of
this law.
 After 1 year re-registration is not fulfilled, will be
regarded as no registration.
20
Law 21/2000 :
Chapter XV- Coming Into Force of the Act
 This law was issued on 4 August 2000 and came
into effect immediately.
 Signed by the President of Republic of Indonesia,
Abdurrahman Wahid.
21
UU 13 / 2003
Issued 25 March 2003
 Jumlah 18 Bab
 Jumlah Pasal 193
 Kepmen & Kepres yang akan diterbitkan sebanyak 42
buah.
22
Salient (important parts)
of - Act 13 / 2003
1
Work training
2
Manpower placement
3
Work relations
4
Protection, wages and welfare
5
Industrial relations
6
Lay offs
23
Manpower Law - Act 13/2003
Chapter I
– General Provision
Chapter II
– Principle & Objectives
Chapter III
– Equal opportunity & treatment
Chapter IV
– Manpower Planning & Information
Chapter V
– Training Program
Chapter VI
– Placement of work force
Chapter VII
– Development of job opportunity
Chapter VIII
– Utilization of expatriate
Chapter IX
– Work relationship
24
Manpower Law - Act 13/2003
Chapter X
– Protection, Remuneration & Welfare
Chapter XI
– Industrial Relations
Chapter XII
– Termination of Employment
Chapter XIII
– Supervision and Development
Chapter XIV
– Controlling
Chapter XV
– Investigation
Chapter XVI
– Criminal Provisions and Administrative
Sanction
Chapter XVII
– Transition Provision
Chapter XVIII
– Closing Provision
25
Termination
 Termination of Employment :
–
–
–
–
–
Resignation
Retirement / Pension
Retrenchment (Redundancy)
Dismissal
Death
 Termination for cause : Art. 158 UU 13/2003
– Minor fault
– Grave fault / serious offense
 Termination benefits :
– Severance payment (pesangon)
– Long service payment (uang penghargaan masa kerja)
– Compensation payment
 Employment termination permit :
– P4D (below 10 employees)
– P4P (above 10 employees)
26
Severance Payment (Pesangon) - Act 13/2003
A
Service period
< 1 year
1 month
B
Service period
1 year
< 2 years
2 months
C
Service period
2 years
< 3 years
3 months
D
Service period
3 years
< 4 years
4 months
E
Service period
4 years
< 5 years
5 months
F
Service period
5 years
< 6 years
6 months
G
Service period
6 years
< 7 years
7 months
H
Service period
7 years
< 8 years
8 months
I
Service period
8 year or above
9 months
27
Service Payment - Act 13/2003
A
Service period
3 years
< 6 years
2 months
B
Service period
6 years
< 9 years
3 months
C
Service period
9 years
< 12 years
4 months
D
Service period
12 years
< 15 years
5 months
E
Service period
15 years
< 18 years
6 months
F
Service period
18 years
< 21 years
7 months
G
Service period
21 years
< 24 years
8 months
H
Service period
24 years or longer
10 months
28
Compensation Payment
Act 13/2003 – Art. 156.4
 Annual leave not yet taken, and still valid.
 Transportation cost for repatriation of the employee
and family.
 Housing and medical 15% of the termination and
service payment.
 Others as determined by Industrial Dispute
Settlement Committee.
29
P4D/P Decision on Termination
Settlement - Act 13/2003
No.
PHK
(Termination)
1
2
3
4
Grave fault
Minor mistake
Resignation
Worker not guilty, but
accept PHK
Mass PHK, coy close
down (force majeur)
PHK for efficiency
PHK status change,
workers refuse to follow
new coy.
PHK change status, coy
does not want the
employees.
Pension (as per reg.)
Pension (no regulation)
Death
5
6
7
8
9
10
11
UP
(Severance)
Art 156.2
1X
2X
UPMK
(Service)
Art 156.3
1X
1X
1X
GK
(Compensation)
Art 156.4
1 X 15%
Nil SE Men
1 X 15%
B.600/05
1 X 15%
1 X 15%
1X
1X
1 X 15%
2X
1X
1X
1X
1 X 15%
1 X 15%
2X
1X
1 X 15%
2X
2X
1X
1X
1 X 15%
1 X 15%
23
30
List of Minister Decrees to come
subsequent to Act 13/2003
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
8 - Procedure of manpower information and manpower planning.
10 - Competency standard – 227/MEN/2003.
14 - Procedure of permit to conduct work training – 229/MEN/2003.
16 - Accreditation body establishment – 225/MEN/2003.
18 - Independent national profession certification body.
20 - National training system.
25 - Overseas on the job training procedure – 226/MEN/2003.
30 - National productivity committee.
34 – Overseas placement of manpower.
38 – Type of position and classification eligible to mobilization fee –
11.
12.
13.
14.
Art
Art
Art
Art
41
43
44
46
230/MEN/2003.
- Job opportunity coordination body.
– Approval for expatriate utilization – 228/MEN/2003.
- Standard competency of expatriates.
- Positions close to foreigners.
31
List of Minister Decrees to come
subsequent to Act 13/2003
15.
16.
17.
18.
19.
20.
21.
Art
Art
Art
Art
Art
Art
Art
47
49
59
71
74
75
76
22.
23.
Art 77
Art 78
22.
23.
24.
25.
26.
27.
28.
Art
Art
Art
Art
Art
Art
Art
79
85
87
89
90
92
97
- Compensation paid by expatriates – 223/MEN/2003.
- Local employees to replace expatriates.
- Limited time contract provisions.
- Working children.
- Types of works prohibited to child workers – 235/MEN/2003.
– Government effort to avoid working children.
– Restriction & compulsory to female workers –
224/MEN/2003.
- Working hours and overtime provisions – 234/MEN/2003.
– Provision on overtime work and overtime pay102/MEN/VI/2004.
- Annual leave and long leave provisions - 51/MEN/2004.
- Types of works eligible on public holidays – 233/MEN/2003.
- Work safety management system.
- Minimum wage components.
– Procedure to postpone minimum wage – 231/MEN/2003.
- Structure and salary scale - 49/MEN/2004.
– Minimum wage protection and fine sanction provision.
32
List of Minister Decrees to come
subsequent to Act 13/2003
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
Art 98 – Formulation of Wage Council
Art 100 – Fringe benefits provision
Art 101 – Development of employees cooperatives.
Art 106 - Bipartite body establishment – 255/MEN/2003.
Art 107 - Tripartite body establishment
Art 115 - Procedure of Company Policy development and
approval – 48/MEN/2004.
Art 133 - Procedure of CLA development
Art 142 - Legal consequences of illegal workers strike –
232/MEN/2003.
Art 156 – Alteration of severance, service and compensation
payment of employment termination.
Art 178 - Manpower supervision and control.
Art 179 - Procedure of report submission of manpower
supervision and control.
Art 190 – Administrative Sanction
33
34
UU 02 / 2004 – PPHI (Penyelesaian
Perselisihan Hubungan Industrial)
Definition of industrial relations dispute :
Dispute between the company and the worker / union.
35
Types of Disputes
1.
Dispute on rights
2.
Dispute on interest
3.
Dispute on employment termination
4.
Dispute among trade unions within a company
36
1. Dispute on Rights
Dispute arising from failure to fulfill one’s rights
due to different understanding or interpretation in
the implementation of labor laws, work agreement,
company regulations or collective labor agreement.
37
2. Dispute on Interest
Dispute arising from different opinions or positions
on the drafting and/or change of work conditions
stipulated in the work agreement, company
regulations or collective labor agreement.
38
3. Dispute on Employment
Termination
Dispute arising from different opinions regarding
employment termination.
39
4.
Dispute Among Trade Unions
Within a Company
Disputes between trade unions within one
company due to different opinions on membership,
and implementation or exercise of rights and
obligations.
40
Settlement Procedure
Outside Industrial Court




Faster
Accommodate sense of justice of the parties
concerned.
Voluntary
Friendly manner
41
4 Types of Settlement Outside
Industrial Court (IC)
1.
2.
3.
4.
Bipartite negotiations
Mediation
Conciliation
Arbitration
42
1. Bipartite Negotiation
Bipartite consist of management representatives and
workers representatives. Bipartite settlement is first
priority before other party is invited to help in settling
the dispute.
43
2. Mediator
Mediator is government official responsible for
mediating labor disputes. Mediator is assigned by
Minister to mediate and shall be obliged to provide a
written recommendation to both parties as to resolve
the disputes.
44
3. Conciliator
Conciliator is assigned by the Minister to give written
recommendation to the parties in resolving the
disputes of interest, termination and dispute among
unions in a company.
45
4. Arbitrator
Arbitrators refer to one or more persons appointed by
the parties involved in a dispute from the list of
Arbitrators provided by the Minister, to resolve
disputes on interest and dispute between unions in a
company.
46
Dispute Settlement Mechanism
by Bipartite Negotiation
Record At
Industrial Court
Registration
Slip
Mediation
(4)
Conciliation
(3)
Arbitration
(2)
Court
(4)
No Consensus
Collective
Agreement
Consensus
Bipartite Negotiation
Minutes
Dispute
Company /
Management
Termination, Rights, Interest &
Dispute Among Unions
Bipartite Negotiations





Bipartite approach as first priority and
compulsory.
Negotiate first before inviting any third party,
minutes signed.
Settlement should be reached within 30
working days.
Signed collective agreement shall become law
and registered at Industrial Court.
Disagreement, one of the parties to file case at
the Manpower office.
48
Dispute settlement mechanism
by Mediation
Record At
Industrial
Court
INDUSTRIAL COURT
Registration
Slip
No Consensus
Collective
Agreement
Consensus
Mediation
• Mediator produces suggestion.
• Suggestion submitted in 14 days.
• Both parties reply the suggestion
within 14 days.
Bipartite Negotiation
Minutes
• No reply regarded as refusing /
rejection.
• Agree upon the suggestion,
Collective Agreement is to be
produced within 6 days.
Dispute
Termination, Rights, Interest &
Dispute Among Unions
Company /
Management
Mediation
1.
2.
3.
4.
5.
6.
7.
8.
Mediator is a government official.
The 4 types of disputes can be settled thru this
mediation.
Case must be examined within 7 days after written
request.
Written agreement reached, to be filed at Industrial
Court.
Agreement not reached, mediator issue written
recommendation within 10 days.
Both parties should give opinion within 14 working
days.
Either party fails to give opinion regarded to have
rejected the recommendation.
Mediator must complete the mediation within 30
working days.
50
Conciliation
1.
2.
3.
4.
5.
6.
Conciliator is registered at Manpower office.
Conciliator is to be selected by both parties within
7 days.
3 types of disputes can be settled thru this
conciliation : interest, employment termination,
dispute among unions.
Conciliator may call for witness.
Conciliation must be done within 30 days.
Fees to be paid by the state.
51
Dispute settlement mechanism
by Mediation / Conciliation / Arbitration
Record At
Industrial
Court
SUPREME COURT
Registration
Slip
PPHI
No Consensus
Collective
Agreement
Consensus
Mediation / Conciliation / Arbitration
Bipartite Negotiation
Minutes
Dispute
TERMINATION, RIGHTS, INTEREST &
DISPUTE AMONG UNIONS
Company /
Management
Mediation/
Conciliation/
Arbitration
Meeting
Arbitration
1.
2.
3.
4.
5.
6.
Certain requirement as Arbitrator and provided by
the Minister.
2 types of disputes only can be settled thru
arbitration : interest and dispute among unions.
Both parties to make written agreement containing:
name of Arbitrator, the case, authorize and will
abide the Arbitrators’ decision.
Each party choose 1 Arbitrator, the 3rd is chosen by
the two Arbitrators.
Fail to choose Arbitrator, Industrial Court will
appoint the Arbitrator.
Written agreement as the appointed Arbitrators.
53
Arbitration (cont.)
7.
8.
9.
10.
11.
12.
13.
14.
Arbitrators will finalize their job within 30 days.
Based on both parties agreement, can be extended for
14 days.
Close arbitration unless both parties agree to
otherwise.
Each party may be represented by Legal Counselor.
Arbitrator may break the agreement if both parties do
not show up at the hearing.
If either party does not come in the first meeting, the
Arbitrators may issue the virtue without the presence
of one party.
Arbitrators will offer a compromise or consensus.
Consensus to be mutually signed and filed at the
Industrial Court.
54
Arbitration (cont.)
15. Consensus achieved, will be filed at the Industrial
16.
17.
18.
19.
20.
21.
22.
23.
Court.
Consensus not carried out will be executed.
Cost associated to bring witness will be born by the
requesting party.
All hearing and meetings will be recorded.
Decision to be implemented within 14 days.
If not carried out, Industrial Court execution may be
requested.
In 30 days either party may request for cancellation
to Higher Court, Supreme Court (Makamah Agung).
MA can cancel the decision within 30 days.
Dispute being settled by the Arbitrators may not be
brought to Industrial Court.
55
Industrial Court
 A special court established within the District Court
and authorized to examine, hear and render
decisions over industrial relation disputes.
 Initially, one Industrial Court shall be established in
every District Court in all provincial capital cities
whose jurisdiction covers a particular province.
56
Industrial Court (IC)
Cases can be brought to IC :
a. First level of the IC :
• Rights dispute
• Employment termination
b. First and final level
• Interest disputes
• Dispute between unions in one company
57
Structure of IC at
the District Court




Judge
Ad-hoc Judge
Junior Registrar
Substitute Registrar
58
Structure of IC at
the Supreme Court



Supreme Court Judge
Ad-hoc judge at the Supreme Court
Registrar
59
Ad-hoc Judges
 Appointed and terminated by Supreme Court Head.
 Consist of at least 5 persons each from labor
organization and employers association.
 Before being proposed to the President by the
Supreme Court, Ad-hoc Judges must obtain approval
from the Minister in change of labor matter.
60
Qualification of Ad-hoc Judges
Indonesian.
Believe in one God.
Loyal to Pancasila & 1945 Constitution.
Minimum 30 years old.
Physically healthy.
Reputable, honest, fair and has good conduct.
Minimum Bachelor degree except at Supreme Court
level must hold a law degree.
 At least 5 years experience in industrial relations.







61
Multiple positions prohibited
 Member of State High





Institution
Head of
Province/Region
Member of DPR/D
Military / police
personnel
Civil servant
Management of
political party
•
•
•
•
•
Lawyer
Mediator
Conciliator
Arbitrator
Management of trade
union
• Management of
employers association
62
Termination of Ad-hoc Judges
 Ad-hoc judges are not career judges.
 Term of office is limited to 5 years, can be extended to
another 5 years.
 Due to :
•
•
•
•
•
•
•
Death
Resignation
Sickness
Reaching 62 years old
No longer capable to perform tasks
Replacement of member of
Completion of office term
 Terminated without honor due to :
• Imprisonment for criminal action
• Neglect duties for 3 months
• Breaching oath and promise
63
Monitoring of Ad-hoc Judges
 Monitored by Head of District Court & Head of
Supreme Court.
 Not negating or reducing the freedom to examine
and resolve the cases.
 Intended to make Ad-hoc Judges work more
professionally.
 Can give warning or guidance.
64
No appeal in the High Court
 Decision of IC is intended to be final and binding
legal decision.
65
Appeal Process in the Supreme Court
 Not all dispute can be appealed to Supreme Court.
 Can be appealed : Rights disputes & employment
termination.
 Can not be appealed : Interest dispute and dispute
between unions in a company.
66
Legal proceeding
 A valid legal proceeding of IC is similar to civil
law proceeding.
 Subject to stipulation under Dispute Settlement
Act.
67
Hearing
 Open to public, unless for certain reasons judge will
declare close to public.
 7 days after the constitution of the panel hearing
will be done.
68
Summon for Witness
 Expert witnesses may be summoned for their
testimony.
 In addition to the summons to witnesses and expert
witnesses, the judges shall be authorized to seek
clarification from anyone, including the opening of
books and the submission of correspondence.
69
Decision Making
 Panel of Judges consider :
– Laws
– Existing agreements
– Customs and
– Fair sense of justice.
 Disputes must be settled within 50 workdays.
 Appeal to the Supreme Court must be
submitted within 14 workdays.
70
Examining Industrial Dispute
 Panel of Judges shall not only consider formal
justification, but also material justification.
71
Supreme Court Level
 Similar to Panel of Judges at the Court of First
Level, at Supreme Court shall consist of 1 Justice
and 2 Ad-hoc Judges.
 Panel of Judges must make decision within 30
workdays, only on employment termination and
interest disputes.
72
Administrative & Criminal Sanctions
 Administrative sanction shall cover:
– Disciplinary action
– Written warning
– Temporary revocation as Conciliator and Arbitrator
– Permanent Revocation as Conciliator and Arbitrator
73
Disciplinary action
 To be imposed to the Mediator and Junior
Committee, since both are civil government
officials.
 The sanction to be imposed is pursuant to the
prevailing laws and regulations.
74
Written Warning
 To be imposed to the Conciliator for the
following reasons :
– The Conciliator fails to submit written
recommendation after 14 workdays or does not
help the parties in making the collective
agreement after 3 workdays.
– The Arbitrator does not resolve the industrial
relation dispute within 30 workdays and during
the extension period I.e. at the latest 14 work
days or fail to make minutes of investigation.
75
Temporary Revocation
 Issued after 3 warning letters.
 Temporary revocation is valid for 3 months.
76
Permanent Revocation
 After 3 temporary revocations
 Proven to have committed a criminal action and
abuse the power.
77
Criminal Sanction
 Anyone violates the stipulation as mentioned in Art.
12.1, 3, Art. 17.1, 3, Art 90.2, Art. 90.1, 1 shall be
liable for criminal sanction of :
– Minimum 1 month, maximum 6 month
confinement, and/or ;
– Fine minimum Rp.10,000,000 and maximum
Rp.50,000,000
78
Dispute Settlement Mechanism
by Industrial Court
Supreme Court
Industrial Court
Mediation
Conciliation
APPEAL
SUPREME COURT
INTEREST
AMONG
UNIONS
Arbitration
Interest,
Termination,
Among Unions
Rights, Interest,
Termination, Among Unions
No Consensus
Interest & Among Unions
Bipartite / Negotiation
For Consensus
Dispute
TERMINATION, RIGHTS, INTEREST, AMONG
UNIONS
Company /
Management
Industrial Court - Procedure
1.
Dispute legal action to be submitted to IC.
2.
Span of time 1 year for submission.
3.
Must be backed up with proper documentation at
conciliation or mediation level.
4.
Charge may be cancelled at any time.
5.
After being replied, charge may be cancelled if
approved by the defendant.
6.
Court will decide first the rights and interest disputes
if employment termination follows the case.
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Industrial Court - Procedure
7.
8.
9.
10.
11.
12.
13.
Union and employers organization may act as Law
Counselor.
Chairman of IC must have determined the judges.
Invitation must be official.
Judge may call for witness.
Either party does not show up, next court will be in
7 days time.
Postponement only 2 x.
After officially invited and still not present at the
last invitation, charge is regarded as void.
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Industrial Court - Procedure
14. Not present as per point 12, Board of Judges may
make decision without the presence of the
defendant.
15. Court opened for public, except Board of Judges
decide otherwise.
16. In the first court, the company found not
conforming to Act 13/2003, Judge will make interim
decision on that day.
17. If interim decision not carried out, Chairman of
Judges may instruct confiscation.
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Industrial Court - Procedure
18. Quick investigation :
• In emergency cases, either one or both parties
may be investigated immediately.
• Within 7 days request may be approved.
• In 7 days Board of Judges will make decision.
• Time limit to answer and evidence shall not
exceed 14 days.
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Penyelesaian perselisihan hubungan industrial
berdasarkan UU PPHI
Sepakat
I. Bipartit
Perjanjian
Bersama
Didaftarkan
Sepakat
Eksekusi
II. Mediasi
Tidak
Sepakat
III. Konsiliasi
Ditawarkan
Tidak
Sepakat
V. PPHI
IV. Arbitrase
Fiat
Eksekusi
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Pembinaan dan Perlindungan
Tenaga Kerja
1. Norma keselamatan kerja
– Keselamatan kerja yang berhubungan dengan
mesin, pesawat, alat kerja, bahan, proses
pengolahan, tempat kerja, cara kerja.
2. Norma kesehatan dan hygiene perusahaan
– Pemeliharaan kesehatan tenaga kerja
• Pemberian pengobatan
• Perawatan
• Pencegahan penyakit akibat kerja
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Pembinaan Dan Perlindungan
Tenaga Kerja (lanjutan)
3. Norma kerja
–
–
–
–
–
Waktu kerja
Istirahat, cuti
Kebersihan
Kesusilaan
Tempat ibadah
4. Ganti kerugian & rehabilitasi
– Terhadap kecelakaan/kematian
– Cacat
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Jaminan Sosial Tenaga Kerja
 Penyelenggaraan Jaminan Sosial bagi tenaga kerja
dan keluarganya diatur dalam program JAMSOSTEK.
 Mengatur tentang : kesehatan, iuran dan santunan.
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Ijin PHK
 Setiap PHK harus mendapatkan ijin dari
P4D/P4P.
 PHK tanpa minta ijin apabila :
–
–
–
–
–
PHK dalam masa percobaan.
Pekerja mengajukan pengunduran diri.
Pekerja mencapai usia pensiun.
Berakhirnya KKWT.
Pekerja meninggal dunia
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Uang Ganti Kerugian
 Istirahat tahunan yang belum diambil dan belum gugur.
 Ganti kerugian untuk istirahat panjang apabila ada
perusahaan memberlakukan.
 Biaya repatriasi (pemulangan ketempat asal).
 Penggantian perumahan serta pengobatan dan
perawatan sebesar 15%.
 Lain-lain yang ditetapkan P4D/P4P.
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PHK dilarang bila :
 Pekerja sakit (keterangan dokter) selama tidak





melampaui 12 bulan terus menerus.
Pekerja memenuhi kewajiban negara.
Pekerja menjalankan ibadah agama.
Pekerja menikah, hamil, melahirkan atau gugur
kandungan.
Pekerja menyusui bayi.
Pekerja mempunyai pertalian darah dengan pekerja
lain dalam perusahaan.
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Penyelesaian PHK
 Pengusaha harus mengusahakan jangan terjadi PHK
dengan melakukan :
– Pembinaan terhadap pekerja
– Memperbaiki kondisi perusahaan (efficiency)
 Pembinaan dengan cara memberikan peringatan secara
tertulis berupa SP I, SP II, SP III masing-masing berlaku 6
bulan.
 Pengusaha dapat langsung memberikan SP terakhir
apabila :
– Pekerja tetap melawan perintah 3 kali berturut-turut.
– Pekerja sengaja atau lalai yang berakibat tidak dapat melakukan
pekerjaan.
– Tidak cakap melakukan pekerjaan.
– Melanggar ketentuan.
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Penyelesaian PHK
 Pekerja mendapat SP terakhir, melanggar lagi dapat




diPHK.
Pekerja mangkir 5 hari berturut-turut dan telah dipanggil
2 x secara tertulis tanpa keterangan.
Pekerja tidak masuk kerja 5 hari berturut-turut karena
mogok, sesuai peraturan perundangan, tidak dapat
dinyatakan mangkir.
Sebelum PHK pekerja di-skorsing, upah dibayar
sebagaimana biasa.
Pekerja melakukan kesalahan berat, PHK tanpa
pesangon, tanpa UPMK tapi mendapat Uang Penggantian
Hak dan Uang Pisah yang bersifat optional (kalau ada
dalam PKB atau PP).
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Kesalahan Berat
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Penipuan, pencurian atau penggelapan.
Memberikan keterangan palsu.
Mabuk, minuman keras, mengedarkan narkotika.
Perbuatan asusila.
Menyerang, menganiaya.
Membujuk melakukan tindakan melawan hukum.
Ceroboh atau sengaja merusak.
Ceroboh atau sengaja membiarkan teman sekerja
dalam bahaya kecelakaan kerja.
Membocorkan rahasia perusahaan.
Melakukan tindakan yang diancam hukuman lebih
dari 5 tahun.
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Selamat Datang Didunia
Human Resources Development
&
Industrial Relations
Management
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