DINAMIKA KEADILAN SOSIAL DALAM KEBIJAKAN HUKUM: Study pada kebijakan ketenagakerjaan sebelum dan setelah berlakunya UU Nomor 11 Tahun 2020 Tentang Cipta Kerja (2022)

Sundari, Elisabeth and Munthe, Gerry Alvindo Daniel and Tamatjita, Elisabeth Nurmiyati DINAMIKA KEADILAN SOSIAL DALAM KEBIJAKAN HUKUM: Study pada kebijakan ketenagakerjaan sebelum dan setelah berlakunya UU Nomor 11 Tahun 2020 Tentang Cipta Kerja (2022). [Research] (Unpublished)

Text (Elisabeth Sundari, Gerry Alvindo Daniel Munthe dan Elizabeth Nurmiyati Tamatjita) Laporan Akhir Penelitian E.Sundari-Gerry-Elizabeth diTT.pdf Restricted to Repository staff only Download (904kB)

Abstract

Pancasila social justice should always be considered in developing Indonesian labor law since workers are vurnerable group that needs to be protected. Unfortunately, the essence of such justice has not been determined yet, while several theories offer to be chosen by the regime. In the other hand, the wrong choise of the theory will bring social consequences that can lead to social injustice for workers. Therefore, identifying the dynamics implementation of Pancasila’social justice for workers is essential. This research uses the legal-doctrinal method supported with statutory and conceptual approach. The data is taken from the Indonesian labor law development before and after the enactment of Omnibus Law of Job Creation 2020, as the primary data, together with Rawls, Mill, and Miller’ theories of social justice, and Hayek’ standpoint, as the secondary data. It will be analyzed qualitatively, to identify which of the theories is implemented by the regime to fill Pancasila’ social justice in the development of Indonesian labor law. The result found that a dynamic choose of the theories colors the essence of Pancasila social justice in the development of Indonesian labor law. The Omnibus law of Job Creation 2020 close to Pancasila, Rawls, and Miller’ theories of social justice which do not contradict each other, on the fact that the state determines the essence and guarantee its fulfilment, by providing specific treatments and protections to workers as a vulnerable group to make them get equal rights, opportunities, wealthy, and other benefits. It is better than the previous labor law (Law No.13 of 2003) which hand over the practice of social justice for workers on the employer who generally has a conflict of interest with the workers. This research also found that Hayek's opinion about social power as determining factor to social justice is developed on three conditions. First, to provide social justice for peoples whose socio-economic position are not in balancing -that is between workers and employers-, the social force that determines social justice must be the state, not other social forces. Second, the state can only provide social justice for groups of people whose positions are sub-ordinating by providing special or different treatment protect these sub-ordinate groups to make them get equal rights, opportunities, or benefits. Third, the state shall determine social justice substance for workers, as well as warrants its fulfillment. The warrant can be carried out by establishing and enforcing punitive sanctions for employers who violate the substance of justice. This research limits on identifying the dynamic implementation of Pancasila Social justice to rethinking about a correctly its implementation to protect vulnerable group such as workers. It is not intended to think about fairness from employers’ side who generally dominates the workers. However, further research or discussion can be carried out to bring about a balancing justice between workers and employers

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