Politik Hukum Undang-Undang Cipta Kerja Pada Aspek Hubungan Industrial

Abstract

The policy direction in the Job Creation Law appears to exhibit a political nuance and thus inseparable from the negotiation of interests between the authorities and entrepreneurs. As a result, the legal products produced only satisfy the political principles and hence are problematic. The issues with the Job Creation Law are not only at the legislative stage; but at the level of normative substance whereby there are several problematic articles. For instance, in terms of wages, the phrase "necessities for a decent living" as regulated in Article 88 has been removed, alterations to Article 151 which have the potential for unilateral layoffs, and the repeal of Article 59 regarding PKWT which was previously regulated in the Employment Law. The formulation of the problem in this article is what are the legal politics in the Job Creation Law, especially in the industrial relations aspect and the implications of the norms of the Law? The research method used is juridical-normative research using a conceptual approach and a statutory approach. Meanwhile, the data used is secondary data which includes primary, secondary and tertiary legal materials. The findings in this article show that the legal politics of the Job Creation Law in the industrial relations aspect only fulfill political rules, but fail to fulfill the rights and interests of workers. Apart from that, several problematic articles were found in the Employment Chapter of the Job Creation Law, for example regarding wages, layoffs, PKWT, and so on. In this regards, the Job Creation Law is unable to address problems in the industrial relations aspect, because at the substantive level, problematic norms have the potential to injure the workers/employees who are in a weaker position.