scholarly journals PELAKSANAAN PERLINDUNGAN HUKUM PEKERJA DENGAN PERJANJIAN KERJA WAKTU TERTENTU DI PT. GRAFITECINDO CIPTAPRIMA (PT. GCP)

2021 ◽  
Vol 1 (1) ◽  
pp. 114-139
Author(s):  
Jaelani Sidiq ◽  
Heril Fahmi
Keyword(s):  
Trade Unions ◽  
Labor Union ◽  
Collective Bargaining Agreement ◽  
Temporary Work ◽  
Legal Rules ◽  
Legal Method ◽  
The Status ◽  
Work Relationship ◽  
The Mind

Implementation of PKWT according to Law no. 13 of 2003 concerning Manpower states that the PKWT work relationship requires a written agreement in Indonesian and may not be for permanent work in the company which, if violated, will result in changing the work relationship to PKWTT. Likewise with the rights to wages, working time and employee participation in the BPJS. Meanwhile, the terms of work are regulated in a Work Agreement or Collective Bargaining Agreement. Workers Union at PT. GCP, namely GSPMII, has succeeded in overseeing the implementation of PKWT in the form of fulfilling work norms and conditions for PKWT workers in companies and also guaranteeing continuity to work at the company. Although there are still violations where the sanctions for violating the PKWT mechanism, namely changing the status to PKWTT, cannot be implemented so that there is a work agreement that always continues, but in the mind of the labor union, it is a solution to guarantee the continuity of work for PKWT workers in the company. This study limits the discussion to the problem of implementing PKWT at PT. GCP is in accordance with Law Number 13 of 2003 concerning Manpower and how the role of PUK GSPMII PT. GCP in overseeing the fulfillment of work norms and conditions and providing guarantees for the continuity of employment of contract workers in the company. This thesis research uses the empirical normative legal method where the authors conduct research on the application of labor law at PT. Grafitecindo Ciptaprima, where the researcher is in charge of the trade union. Employers must comply with the legal rules regarding the PKWT mechanism, including the fulfillment of temporary work norms and conditions for trade unions must have a good understanding and strategy in dealing with the problem of violating the PKWT mechanism, not only prioritizing legal certainty but also but also it would be better if it prioritizes the principles benefit, especially for workers. 

Legacy Trade Unions as Brokers of Democratization? Lessons from Tunisia

2020 ◽  
Vol 52 (2) ◽  
pp. 173-195 ◽  
Author(s):  
Dina Bishara
Keyword(s):  
Trade Unions ◽  
Labor Union ◽  
Political Struggle ◽  
Authoritarian Rule ◽  
Political Role ◽  
High Profile ◽  
Major Player ◽  
Labor Activists ◽  
History Of

The Tunisian General Labor Union (UGTT) emerged as a major player in the country's transition from authoritarianism. Existing explanations - focusing on authoritarian legacies, the degree of trade union autonomy from the state, and labor's material incentives to support democratization - do not sufficiently account for the high-profile nature of the union's political role in Tunisia's transition. Instead, as this article argues, the importance of unions' pre-authoritarian legacy is key to understanding the role of unions in the transition from authoritarian rule. If unions enter the regime formation stage with a history of political struggle and with strong organizational capacities, they are more likely to develop a degree of internal autonomy that makes it difficult for authoritarian incumbents to disempower them. The article employs a historical institutional approach and draws on fieldwork and interviews with labor activists in Tunisia.

Role of Normative Commitment in Predicting Members' Participation in the Union

1997 ◽  
Vol 80 (3_suppl) ◽  
pp. 1183-1207 ◽  
Author(s):  
Mary Pisnar-Sweeney
Keyword(s):  
Structural Equation ◽  
Labor Union ◽  
Behavioral Outcomes ◽  
Two Dimensions ◽  
Collective Bargaining Agreement ◽  
Equation Modeling ◽  
Normative Commitment ◽  
Community Activities ◽  
The Individual

This study examined commitment to a labor union as a two-dimensional construct consisting of Normative Commitment and Instrumental Attachment. Historically commitment to a labor organization has been viewed as an instrumental construct referring to union members who become attached to the union because of economic and extrinsic benefits gained from the collective bargaining agreement. Normative Commitment represents the individual association with the organization based upon a belief in and agreement with its values, ideals, and goals. A sample of 173 unionized firefighters was used to evaluate a model of commitment to a union in which the two dimensions of Normative Commitment and Instrumental Attachment are assumed to be intervening constructs with six antecedent factors, i.e., Family History, Work Beliefs, Union Socialization, Employment Alternatives, Union Benefits, and Satisfaction with the Grievance System, and two behavioral outcomes of Participation of union members in routine union activities, i.e., holding office, serving on a committee, and Extrarole Behavior such as volunteering for union, political, or community activities. Structural equation modeling indicated that Normative Commitment to the union is a significant predictor of members' Participation and Extrarole Behavior.

9 SUMMARY This chapter has been concerned with introducing, in some depth, common law/ case law, the second major source of English legal rules discussed in this book. The role of the judiciary in the development of English law has become apparent as the chapter has progressed. This chapter has also indicated the central importance of a careful dissection of the law reports to ensure that the correct aspects of the case are correctly summarised for a case note and further use. Taken together with Chapter 3, the foundations of an indispensable ‘how to’ approach have been laid. It is now appropriate in the next chapter to place this foundation in its European context looking at the law relating to European human rights and fundamental freedoms and the law relating to the European Community. In Chapter 9, three sources of English law (legislation, case law and European Community law) are further developed by being brought together in a case study. 4.10 FURTHER READING As already mentioned in Chapter 3, if you are a law student the ground covered by this chapter will also be covered in English legal system courses and constitutional or public law courses. Coverage of reading cases can be found in the following excellent texts relating to both the theoretical and practical aspects of legal method. • Sychin, C, Legal Method, 1999, London: Sweet & Maxwell, Chapters 7 and 8. • Twining, W and Miers, D, How To Do Things With Rules, 4th edn, 1999, London: Butterworths, Chapters 7 and 8.

2012 ◽  
pp. 126-126
Keyword(s):  
European Community ◽  
Case Law ◽  
Legal Rules ◽  
Legal Method ◽  
English Law ◽  
The Law ◽  
Law Student ◽  
Law Reports

scholarly journals An Investigation into the Role of Employer and Management Representatives during Collective Conciliation: Empirical Evidence from Nigeria

2017 ◽  
Vol 9 (4) ◽  
pp. 176
Author(s):  
Adejoke Yemisi Ige
Keyword(s):  
Empirical Evidence ◽  
Trade Union ◽  
Trade Unions ◽  
International Labour Organisation ◽  
Workplace Justice ◽  
Mind Set ◽  
Fear And Anxiety ◽  
The Mind ◽  
The Impact

The International Labour Organisation describes ADR as a set of processes that comprise of negotiation, conciliation, mediation and arbitration. This description includes a set of approaches to settling disputes, which in practice vary significantly in terms of their nature and use from one institutional context to another. ADR has been analysed by some scholars as a means of bringing workplace justice to more people at lower cost and with greater speed than conventional government channels. Within the context of ADR, conciliation is seen as one of the most common and important forms of dispute resolution. Although there is a rising interest in the extent of and outcomes of conciliation, its nature in some contexts remains underexplored. This study presents empirical evidence collated among employer, management and trade union representatives as well as other stakeholders that have a role to play in collective conciliation in Nigeria. The study is qualitative due to its suitability for generating data and gathering rich and robust information. A total of twenty-three interviews were conducted between May 2015 and March 2016. The findings of this study reveal the impact of the independence and objectivity of ADR institutions while carrying out their responsibilities. It establishes that management and trade union interactions during conciliation are characterised by lack of trust, lack of confidence, fear and anxiety. It demonstrates how the attitude of management during negotiation can be attributed to their perception of the behaviour and demeanour of trade unions and conciliators. Lastly, the study affirms the link between the mind-set and approaches of the actors and highlights its connection to the actions and behaviour of trade union and management representatives during their interactions as evident within the Nigerian context.

The Saar Question as a European Problem From the Trade Union’s Perspective

2020 ◽  
Vol 26 (1) ◽  
pp. 21-42
Author(s):  
Severin CRAMM
Keyword(s):  
European Integration ◽  
Trade Unions ◽  
German Industry ◽  
Federal Republic Of Germany ◽  
Iron And Steel ◽  
The Press ◽  
The Status ◽  
Regional Problem ◽  
Steel Industries

The Saar region did not immediately become part of the Federal Republic of Germany in 1949, but was gradually given the status of a semi-protectorate of France from 1947 onwards. The region's high-quality coal and the iron and steel industries were supposed both to help the reconstruction of France and to weaken German industry by being withdrawn of its control. The region was economically and politically closely tied to France; freedom of opinion and of the press for those who advocated annexation to the FRG were restricted. This happened at the same time when Franco- German reconciliation and the beginning of European integration were seen as a sign of a settlement between Germany and France. The Saar issue thus became a regional problem for European integration. In the absence of political opposition, the trade unions of the Saarland became the voice of the critical population and became victims of state persecution. The article highlights the role of the Saarland, German and international trade unions, which therefore proved to be important mediators in the conflict over the future of the Saar region.

scholarly journals THE PENITENTIARY FUNCTION OF MONASTERIES IN THE YENISEI PROVINCE IN THE SECOND HALF OF XIX – EARLY XX CENTURIES

2018 ◽  
pp. 93-99
Author(s):  
I. G. Fedorov ◽  
A. A. Terskova
Keyword(s):  
Critical Analysis ◽  
Prison Population ◽  
Historical Sources ◽  
Legal Rules ◽  
Historical Method ◽  
The Status ◽  
National Trends

The research features the prison practice in the monasteries of the Yenisei diocese in the second half of XIX – early XX centuries. The research objective was to study the composition of the prison population in the Orthodox monasteries of the Yenisei diocese and the legal rules governing the status of the epitimizes in the mansions of the region. The work uses the comparative historical method and critical analysis of historical sources, which made it possible to specify the number of those under penance (epitimia) in the monasteries of the diocese, the conditions of their detention, and to highlight the main features of the prison work of the monasteries. The analysis revealed that the penal role of the monasteries had decreased by the beginning of XX century. Eventually, the monasteries of the Yenisei diocese were relieved of this function, which corresponded with the national trends.

Legal Method (Interpretation)[156]

2019 ◽  
pp. 127-185
Author(s):  
Alf Ross
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Legal Authority ◽  
Legal Systems ◽  
Statutory Interpretation ◽  
Specific Subject ◽  
Legal Rules ◽  
General Account ◽  
Legal Method

This chapter focuses on legal method and aims to determine the principles of interpretation that are scientifically valid. In accordance with previous chapters, this implies that the perspective is norm-descriptive, not norm-expressive. The aim is not to establish which principles of interpretation are correct but which principles judges hold to be correct and which, as such, actually guide the courts when they apply general legal rules to specific subject matters. As with the sources of law, the ideology of interpretation varies from one legal system to another. Accordingly, the task for general legal theory can only be to explain certain factual presuppositions concerning problems of method, and to place and characterize various existing styles of method and interpretation within the framework of a general typology. Furthermore, the chapter focuses primarily on problems of method in relation to statutory interpretation which features more prominently within Continental legal systems where legislation is the predominant source of law. On the basis of a general account of semantics, the chapter proceeds by analysing three types of problems of interpretation—syntactic, logical, and semantic—and concludes by reflecting on the role of pragmatic factors in the exercise of legal authority.

scholarly journals JURIDICAL REVIEW OF THE IMPLEMENTATION OF A PARTICULAR TIME AGREEMENT BASED ON LAW NUMBER 13 OF 2003 CONCERNING MANPOWER

2021 ◽  
Vol 1 (1) ◽  
pp. 173-204
Author(s):  
Bunadi Bunadi ◽  
Marjan miharja
Keyword(s):  
Trade Unions ◽  
Labor Union ◽  
Industrial Relations ◽  
Fixed Time ◽  
Contract Workers ◽  
Labor Regulations ◽  
Employment Agreement ◽  
Time Work ◽  
Analytical Research

Industrial relations disputes are common in many companies. The dismissal process is often not in accordance with the provisions of labor regulations, one of which is regarding the dismissal of PKWT / contract workers. The formulation of the problems that the author discusses in this thesis are (1) What is the role of trade unions in fighting for dismissal disputes with PKWT / Contract workers? (2) Is the Application of a Fixed Time Work Agreement (PKWT) in accordance with the provisions of Law Number 13 Year 2003 concerning Manpower? The research method used in this research is juridical normative, namely looking at the law as a written norm made and promulgated by an authorized official or institution, the nature of descriptive analytical research is a study to obtain an overview of the main object of the problem being researched. The results showed that, the role of trade unions in companies in fighting for dismissal disputes against PKWT / Contract workers in accordance with Law no. 2 of 2004 concerning PPHI article 6 in conjunction with article 8 in conjunction with article 81, namely by conducting a bipartite effort between the labor union and the company, because the bipartite effort failed, then submitted a mediation request to the Manpower Office. The mediation attempt still failed and subsequently filed a lawsuit for dismissal disputes at the Industrial Relations Court, although it was unsuccessful. The application of a fixed-term employment agreement (PKWT) is contrary to the provisions of Law number 13 of 2003 concerning Manpower Article 59 paragraphs (1), (2), and (7). In addition, the PHI Judge in deciding the case did not reflect a sense of justice and ignored the evidence presented by the plaintiff (the worker). This problem should not have occurred, if the company obeyed and understood the labor regulations regarding workers who could be promised under a non-permanent contract or PKWTT.

scholarly journals Zarządzanie w antropocenie, czyli co w czym i co z tego. Analiza literatury dotyczącej splotu zjawisk

2021 ◽  
pp. 26-42
Author(s):  
Małgorzata Ćwikła
Keyword(s):  
Ongoing Debate ◽  
Related Factors ◽  
Economic Forces ◽  
The Status ◽  
The Will ◽  
Negative Environmental Impact ◽  
Human Responsibility ◽  
The One ◽  
The Mind

Management in the Anthropocene and What Comes Out of It. Analysis of the Literature on the Entanglement of Phenomena The Anthropocene is a term that not only conjures up all kinds of images in the mind but provides an impulse to reconsider the scope of human responsibility for man-triggered processes and its place in the system of related factors on our planet. At the same time, it is a term treated by many with ambivalence, reluctance, and caution, as it often harbingers the imminent environmental doom, the awareness of which may change the current balance of political and economic forces. Additionally, it is still involved in emphasizing the central role of the human, it is sometimes romanticized and can lead to an aestheticization of the climate catastrophe instead of taking actions resulting not from the will of heroism, but from humility. The ongoing debate on the Anthropocene in the field of management studies is of extraordinary importance, because it provides a framework for undertaking any activity – the activity which either aggravates or alleviates the negative environmental impact. The purpose of this paper is to discuss the contexts in which the scientific literature in the field of management talks about the Anthropocene and to explore the level of gravity that is assigned to management in this conventional geological and cultural era. Particular attention is paid to the dominant trends of reflection which illustrate a wide variety of attitudes towards the Anthropocene, including the one that places the Anthropocene against the background of efforts to maintain the status quo and the one that perceives it as a prelude to concocting alternative or even anarchist visions of management. The paper focuses on theoretical voices, which determined the method of analysis based on the study of language and the interpretation of narratives and metaphors.

scholarly journals Peran Lembaga Pusat Pelaporan dan Analisis dalam Penaggulangan Tindak Pidana Money Laundring

2020 ◽  
Vol 1 (2) ◽  
pp. 159-164
Author(s):  
I Wayan Panca Eka Darma ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Money Laundering ◽  
Criminal Code ◽  
Legal Issues ◽  
Legal Principles ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Legal Method ◽  
Report Analysis ◽  
Financial Transactions

The duties, authorities, functions and criminal acts of money laundering in Indonesia are regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money laundering. This study examines two issues: the role of the PPATK agency in combating money laundering after the enactment of Law No. 8 of 2010 concerning the Prevention and Eradication of Money laundering and criminal sanctions against perpetrators of criminal acts of money laundering in Indonesia. This research uses normative legal method, a process of finding legal rules, legal principles, and legal doctrines in order to answer the legal issues under study from the perspective of statutory regulations. PPATK is an independent agency that has 3 main roles in the prevention and eradication of money laundering, namely: receiving reports on suspicious financial transactions, analysing the reports received from reporting parties, and forwarding the results of report analysis to the authorised party. Article 2 paragraph 1 jo Article 18 of Law Number 31 of 1999 concerning Criminal Acts of Corruption as amended into Law Number 31 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Subsidiarily Article 3 jo Article 18 Law Number 31 of 1999 concerning Eradication of Corruption Crime as amended to Law Number 20 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Secondly, Article 3 paragraph (1) letter g of Law Number 25 of 2003 concerning the Amendment to Law Number 15 of 2002 concerning the Criminal Acts of Money laundering jo Article 55 paragraph (1) of the Criminal Code.

Sign in / Sign up

Export Citation Format

Share Document