Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303650,
        author={Nur Putri Hidayah and Fitria  Esfandiari and Sholahuddin  Al-Fatih},
        title={Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={colonial law labor indonesia},
        doi={10.4108/eai.1-7-2020.2303650}
    }
    
  • Nur Putri Hidayah
    Fitria Esfandiari
    Sholahuddin Al-Fatih
    Year: 2021
    Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303650
Nur Putri Hidayah1,*, Fitria Esfandiari2, Sholahuddin Al-Fatih3
  • 1: Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
  • 2: Faculty of Law University of Muhammadiyah Malang, Indonesia
  • 3: Faculty of Law, University of Muhammadiyah Malang, Indonesia
*Contact email: nurputri@umm.ac.id

Abstract

When a national law came into force, the previous law made in the colonial era was concrete that the Constitution should be repealed. For example, the enactment of Law No.5 / 19960 on the Basic Terms of the Agrarian repeal the provisions of land, water and natural resources contained in Book II of the Civil law, or the operation of Law No. 1/1974 on Marriage revokes the provisions on matters relating to marriage found in the Civil Law Book. However, this is not the case with the Employment Law where provisions of Chapter VIIA of Article 1601 of the Civil Code until 1617 of the Civil Code are still in effect, until the drafting of an omnibus draft law on Work Creation, also does not invalidate the provisions of the Employment in Code Civil Law. This study aims to examine historically and conceptually whether the terms of the employment in the Code Civil Law are right or not. Research method is normative. The results show that Indonesia must break free from colonial rule and gradually establish its national law that has the philosophical basis of Pancasila. To make it happen, the revisions to Law No. 13/2003 should be done in addition to the burden of: (a) employment agreement between husband and wife, b) provision of fines accompanying compensation, c) employers 'obligation to pay wages on time, d) employers' obligation to provide employment certificates, 5) Responsibility and compensation for Outsourcing Contract.