New Normal The nature and The Characters of Labor Law

NEW NORMAL

According to President Joko Widodo, a new normal policy in a new-normal era must protect the people’s rights related to economy, social, work, using strict supervision by seeing complete data in accordance with health protocols and strict protections from military and police. It is clear that the Indonesian government is seen by other countries and admitted that Indonesia has performed a WHO protocol related to COVID- 19 outbreak.  

The Nature of labor law

Legally, the relationship between workers and employers in the implementation of work relations has the same position in the sense that they can do it freely, but socioeconomic position between workers and employers is not the same, in the sense of not free where workers are parties who need jobs to earn income for the sake of continuity for himself and his family, so that workers can accept the conditions of work requirements set by the employer.

If everything regarding work relations is left to the wishes of both parties, it is difficult to get a balance between each other's interests to fulfill a sense of social justice which is the main objective in the life of employment related to the employment relationship, therefore there is a need for legislation as a government policy to protect workers as weak parties, as well as to maintain their dignity and values ​​in accordance with their human values.

However, there is no need to create a difference in interests that has led to the acceptance of the Pancasila Industrial Philosophy (HIP) philosophy as a national consensus between workers, employers, and the government in an effort to foster work relations between actors in the production process.

All aspects of life in the process of producing goods and services can be seen in each precepts as a single unit. Understanding of capital, profit, work, position and role of each production sector, mental attitude, attitude of responsibility, social attitude, must be adapted to Pancasila and be developed over the culture of the Indonesian Nation. Here lies the principle difference in the rules of work relations. Thus, the relationship between workers and employers is not a weak and strong party relationship in terms of socio-economic terms, but rather as a partner in the production process. While the role of the government in this case creates and maintains a balance between aspects of protection for workers and the interests of employers as well as guarantees of certainty and continuity of business in particular and the interests of the community.

The nature of labor law that on the one hand there is a freedom on the part of the party to determine the terms of employment and on the other hand the need for protection for the weak, then the labor law needs to establish norms that govern labor development, protection and supervision, including the supply, distribution and use of labor. work. Labor law has to do with business efforts to achieve national development goals in the long-term reach of the country and also address the main problems of development and rapid development such as population and workforce growth, use of technology in industry, expansion of employment opportunities to increase wages and working conditions.

The Characteristics of Labor Law

Basically, labor law concerning the rights and obligations between the two parties (workers and employers) in relation to employment relations, but in order for rights and acceptance to be protected, the interests of employers take over, reversing what is the right of employers to take over workers, so that determine the value of fairness assessment in work relationships.

Indeed workers and employers have the freedom to enter into certain regulations (work agreements, collective labor agreements) but may not conflict with other regulations established by the government, which means that work agreements or collective labor agreements made between workers and employers may not conflict with agreements labor and provisions of the applicable laws and regulations.

 Thus labor law according to nature and function in addition to being regulated as private law (privaatrechtelijk) is also compelling (as public law (publiekrechtelijk) restriction of work does not mean restraint but rather a freedom which is regulated creating order and legal certainty.

 Law No. 13 of 2003 concerning manpower stresses that manpower is every person who is able to do work both inside and outside the employment relationship to produce services or goods to meet the needs of the community and also does not only concern labor but also concerns working conditions, workplaces, work protection labor inspection.