Research Article
Juridical Analysis of the Impact of the Law for Companies Conducting Worker Diploma Detention
@INPROCEEDINGS{10.4108/eai.23-11-2019.2298386, author={Muhammad Mahendra Abdi and Fakhruddin Razi}, title={Juridical Analysis of the Impact of the Law for Companies Conducting Worker Diploma Detention}, proceedings={Proceedings of the First National Seminar Universitas Sari Mulia, NS-UNISM 2019, 23rd November 2019, Banjarmasin, South Kalimantan, Indonesia}, publisher={EAI}, proceedings_a={NS-UNISM}, year={2020}, month={7}, keywords={implications diploma}, doi={10.4108/eai.23-11-2019.2298386} }- Muhammad Mahendra Abdi
Fakhruddin Razi
Year: 2020
Juridical Analysis of the Impact of the Law for Companies Conducting Worker Diploma Detention
NS-UNISM
EAI
DOI: 10.4108/eai.23-11-2019.2298386
Abstract
The mandate in the law is also in line with article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "Every citizen has the right to work and a decent living for humanity". The purpose of this study is to find out how the legality of the work agreement for the detention of diplomas carried out by companies with workers, and the legal implications for companies to hold diplomas. The research in this paper uses the normative legal method with the nature of the research description that is giving an explanation or description of the legality of the employment agreement if there is a detention of a diploma and corporate legal liability that eliminates the employee's diploma. The law used is legal material, namely the Civil Code, Law Number 13 of 2003 concerning Manpower and secondary legal material from several literatures. According to the results of this study indicate that the first: The contents / class in the employment agreement the detention of diplomas against workers does not have binding legal force. The second is the legal impact on companies carrying out the detention of their employees' diplomas, that is, companies may be subject to administrative sanctions as stipulated in Law Number 13 of 2003 concerning Manpower in article 190 paragraph (1) and (2)
