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ThesisOpen AccessTerbit 2026Versi 1

pengaturan hukum dalam penyusunan perjanjian kerja bersama antara pekerja dan perusahaan

Skripsi, Thesis, Disertasi, dan Tugas Akhir•HUKUM•1 dilihat · 0 unduhan

Abstrak

This study aims to examine the legal regulation, role, and function of the Collective Labor Agreement (PKB) and the dispute resolution mechanism in the event of a violation of rights in employment relations. The background of this research problem is rooted in the imbalance of bargaining position between workers and employers in the formulation of the PKB. Workers are often in a weaker social and economic position, causing the content of the PKB to potentially benefit employers more and trigger industrial relations disputes. This study uses a normative legal research type with a statutory approach and a conceptual approach. The collection of legal materials is carried out through library research, which is then analyzed qualitatively and prescriptively. The results of the study show that the PKB functions as the highest autonomous legal instrument within the internal environment of a company, aiming to provide legal certainty and distribute rights and obligations in a balanced manner. In companies that do not meet the requirements for forming a PKB, the alternative legal instrument used is the Company Regulation (PP). The PP is formulated unilaterally by the employer with an absolute obligation to comply with the minimum standards of statutory regulations. Violations of rights and obligations in industrial relations lead to administrative sanctions, civil sanctions in the form of compensation, and criminal sanctions. The parties must pursue dispute resolution in stages, starting from bipartite negotiations at the internal level. The failure of bipartite negotiations is forwarded to the tripartite track through mediation, conciliation, or arbitration, and the final stage continues to the litigation process at the Industrial Relations Court up to the cassation at the Supreme Court. The conclusion of this study confirms the position of the PKB as the highest autonomous law protecting workers, with a clear system of sanctions and dispute resolution in the event of a violation. The author suggests that workers and company management immediately strive for the formation of a PKB to replace the PP. Labor unions must increase their negotiation capacity, and government labor supervisory agencies must impose strict sanctions on companies that violate normative provisions.

Kata kunci

Perjanjian Kerja Bersama, Hubungan Industrial, Perlindungan Hukum

Informasi bibliografis

Versi dan riwayat publik

  1. Versi 1pengaturan hukum dalam penyusunan perjanjian kerja bersama antara pekerja dan perusahaan2026 · oai:ais:skripsi:8908