Implementation of Enforcement on the Occurrence of Union Busting

Chamdani, Chamdani and Wijayanti, Asri (2023) Implementation of Enforcement on the Occurrence of Union Busting. In: Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021).

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Abstract

The existence of the Labor Union is needed as an effort to fight for the rights of workers who are reduced or lost. Legal protection has been provided by the state for the guarantee of the right to unionize in the Labor Union Act. This study aims to analyze the legal rules governing the rights of labor unions. This legal research uses a normative juridical approach with a statute approach related to law enforcement on the occurrence of union busting. The results of the study showed that there are regulatory restrictions as the indication that a union busting crime has occurred. Actions to hinder or coerce related to the implementation of the right to associate in a certain way must be examined conditionally. Examining the substances (subject-object) and procedures for an act of obstructing or coercing the implementation of the right to unionize results in the non-fulfillment of the criminal element due to insufficient evidence. The conclusion obtained is that there is not enough evidence for the alleged criminal act of union busting; or it can be risen to a general perception that there is no guarantee of legal protection for union busting. The resulting recommendation is that it is necessary to conduct a study to provide a broad elaboration or interpretation of the formulation of Article 28 jo. 43 Labor Union Act.

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