The urgency of labor law for informal sector workers in the welfare state concept: An evidence in Indonesia

Abstract

This study aims to re-examine the issues that involve outreaching the urgency of labor law for informal sector workers in the concept of the welfare state in Indonesia. The research method used is a normative juridical approach or a study of documents or literature that only focuses on labor laws currently in force in Indonesia. The qualitative method approach that is descriptive-analytic is used to describe the relationship of a phenomenon, idea, data, or fact that is found objectively. This study found that the rights, dignity, standard of living, and even the working environment of informal sector workers are still neglected by labor law in Indonesia today. The national labor law has not accommodated legal protection, guarantees, and social security, so there is a legal vacuum for informal sector workers. This condition contradicts the philosophy of Pancasila and the constitution, the 1945 Constitution of the Republic of Indonesia. Thus, efforts to develop labor laws are expected to be carried out by the government together with the legislature to make all parties have the same position in the production process for the achievement of the company's progress. will have implications for national economic growth. On the other hand, this effort is expected to create legal harmonization in the field of employment in general and especially for informal sector workers in the welfare state in Indonesia.

Analisis Risiko Kerentanan Pekerja Informal di Indonesia Tahun 2022

“…Di satu sisi, pekerja informal sangat rentan terhadap berbagai risiko permasalahan sosial seperti kemiskinan, pengangguran, peningkatan kualitas dan kesempatan kerja (Hamid et al, 2022). Selain itu, ISSN: 2355-0295, e-ISSN: 2549-8932 10 http://ejournal.bsi.ac.id/ejurnal/index.php/ecodemica menurut (A.…”

Labor Law Does Not Exist in a Vacuum in the Era of Industrial Revolution 4.0

“…Magalla (2018) in Hamid et al (2022) states that labor law provides specifications for rights, obligations and regulates and informs subjects about how work-ers behave in accordance with the terms of the contract and how workers can enforce their rights. Labor Law focuses on the relationship between management and workforce in the private sector, particularly with regard to the National Labor Relations Act, as amended, and its interpretation and application (Ray et al, 2011).…”

“…Magalla (2018) andSchregle (2022) inHamid et al (2022) state that the role of labor law as an employment law is to enable effective enforcement of employers' rights and workers' rights which include employment, remuneration, working conditions, unions, workers, and industrial relations, social security and disability insurance. According to experts inHamid et al (2022), the role of labor law as an employment law is very important related to the business obligations of entrepreneurs as employers or employers to employees to maintain the safety and protection of employees in the work environment, including:1) Classification of Workers-This classification of workers includes: full-time workers, part-time workers, temporary workers, interns and seasonal workers 2) Child Protection-Protection of children from violence, exploitation, abuse, and neglect 3) Wage Protection-Ensuring the protection of workers' rights in the private sector, and increasing the entity's commitment to timely and full payment of wages 4) Reasonable Hours and Compensation-Rules relating to employees being paid or receiving compensation for at least the hours they actually work 5) Discrimination Prevention-Prevent discrimination in the workplace According to The GPS Team in Business, Global Compliance (2021), labor law as employment law plays a role in helping to balance this power imbalance so that no employer can exploit their employees, and both parties can negotiate equally with each other about working conditions, and related to the following issues:1) Adequate Income-In a world where everyone wants at least an adequate income, one must protect oneself. Understanding labor laws allows you to know what your minimum wage is as an employee.…”