Perlindungan Hukum Pekerja Atas Penahanan Ijazah Yang Dilakukan Pengusaha

Abstract

ABSTRACT: Employment is one of the human rights needs of citizens as stipulated in Article 27 paragraph (2) of the Constitution of the Republic of Indonesia year 1945. In employment law, employment agreements are an effort to protect workers. In reality there are not a few companies that apply the detention of worker diplomas as collateral in employment relationships that result in the emergence of various problems and weaken the bargaining position of workers in industrial relations. The purpose of the establishment of legislation on employment was formed to provide guarantees of human rights for workers but in fact in the employment relationship employers apply more policies that only provide benefits for employers (Profit Oriented). This study uses normative juridical law research methods in collaboration with legal approaches and conceptual approaches that utilize legal materials consisting of primary legal materials, secondary legal materials, and terrier legal materials. The results of this study show that workers are most harmed by the system of detention of worker diplomas as collateral in employment relationships. This is due to the loss of workers' human rights to be able to choose the job as they wish and the right to move workplaces to obtain better wages that can prosper workers and their families as stipulated in the constitution and positive laws of the Unitary State of the Republic of Indonesia. It is therefore important to pay attention to the conditions of workers to obtain legal protection of their human rights because, human rights are a basic right inherent to everyone and must be protected by law, including the human rights of workers to control their personal documents.