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Implikasi Hukum Pasar Bebas Dalam Kerangka AFTA : Terhadap Hukum Ketenagakerjaan di Indonesia
Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Jurnal Hukum Bisnis vol. 22 no. 1 (2003)
hukum pasar bebas
Perpustakaan Pusat (Semanggi)
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In a concordance basis, indonesia law system has followed civil law system as well as the european continental countries. This system put government o a dominant position as regulator against private sector. The impact of civil law system on the labor law is that the government has significant power to actively make labor regulation in indonesia. As the result, the role of labor union and investor in negotiating items of join - work agreement are weakened. The agreement can also be sanctioned by the reason of law if the agreement's content is contradictory to government regulation. A significant role of government in regulating labor is based upon the consideration of labor protection from being under pressured by investor. However, the legal protection whcih clings close to labor will be viewed by foreign investor as weakening bargaining power of investor in negotiation with labor especially in case of strike. This will influence labor productivity, therefore it causes investment climate not conducive to foreign investment, and it may cause current foreign investor to relocate its investment outside indonesia as what the recent news said about sony in indonesia. Whereas the government expects to the coming of foreign investor that will invest in indonesia along with the implementation of ASEAN free trade area (AFTA). In the era globalization of trade, the prevailing law is free market law which is demanding a dominant role on the hand of private sector instead of government role. This law prevails also in the field of labor in which the dominant role held by labor union and investor will significantly influence standard requirements of work or labor regulation which is stated in the join - work agreement.
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