Abstract

The protection of the basic rights of workers provided in Law No. 13 of 2003 on Employment in Indonesia, if violated shall be punished with the appropriate criminal sanctions and justice. Problematically, there are only rare cases of employment crimes that have been handled by law of enforcement, let alone reach up to the level of criminal courts. Many cases of employment crimes are not investigated by the Department of Manpower for various reasons. Reports of employment crimes are rejected by the police, as well as by various matters not stipulated in Law No. 13 of 2003 on Employment. This hinders the enforcement of workers' protection laws in Indonesia, as envisaged by Law No. 13 of 2003 on Employment. Employment laws (arbeids-recht) in essence, whether viewed both historically or theologically, is to protect the fundamental rights of workers, therefore the factors inhibiting law enforcement of employment crimes must be minimized or even eliminated so that the values of protecting the basic rights of workers are not sacrificed by such inhibitory factors. This paper aims to study the role of law enforcement for workers where the condition is that the position of the employer is stronger in a labor law case that occurs and involves all stakeholders ranging from workers, employers, and law enforcement agencies.

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