Critical Analysis of the Right to Establish Trade Unions in Indonesia

Abstract

Critics to the rule of law on the right to establish trade unions in Indonesia is a criticism toward the rule of law about the guarantee of the right to association of labours in Indonesia. There are inconsistencies in the horizontal and vertical settings, both among the rule of laws (the national), or between national legislation with the universal law that covers the basic principles and basic philosophical rights for labor to association. The problem in this study is the existence of conflicts of law in regulating the right to establish the trade union and their legal effects. This research is a normative legal research that uses the statute, historical and comparative approach. The results of this study is a conflict of national law (Act no. 21/2000) with a universal legal principle that artifacts in the ILO Convention. No. 87 jo. 98 jo. Universal Declaration of Human Rights jo. ICCPR jo. ICSECR. Critics toward the rule of law the right to establish trade unions in Indonesia are very important as setting repair material provision of guarantees of the right to association of workers in Indonesia, given that Indonesia has ratified the ILO Core Convention of the Declaration on Fundamental Principles and Rights at Workplace. Key words: discrimination, labour, the association of labour right, right to establish trade unions.