EFEKTIFITAS PELAKSANAAN HAK ATAS KEBEBASAN BERSERIKAT PASCA DIUNDANGKANNYA UNDANG-UNDANG NOMOR 21 TAHUN 2000 TENTANG SERIKAT PERKERJA/SERIKAT BURUH

Abstract

The freedom to organize or you can also use the term to organize for workers/laborers in Indonesia has been regulated in Law Number 21 of 2000 concerning Trade Unions/Labor Unions. By the time this research was made, at least it had been more than 2 (two) decades of implementation of the right to freedom of association based on Law Number 21 of 2000 concerning Trade Unions/Labor Unions. Based on data from the Ministry of Manpower in 2018, the fact was obtained that since it was ratified on August 4 2000, the number of trade unions/labor unions in Indonesia has continued to experience a very significant increase where the number of Confederations has continued to increase from only 3 unions in the one year following the ratification of the Law. So far, 14 Confederations have been registered. Likewise with unions in the form of federations which continue to grow and reach 114 in 2020, while the number of workers/laborers in unions continues to decline. at the implementation level, it is found that the minimum 10 workers/laborers who can form a trade union/labor union organization has a legal impact on workers/laborers who work with a total of less than 10 workers/laborers cannot form a trade union/labor union organization, and it is also common to find coercion to join a trade union/labor union organization formed by employers accompanied by threats of acts of intimidation in work relations. The research approach used in this study is the empirical legal research method or also known as the sociological juridical approach method. The conclusion from this research is that the practice of freedom of association in Indonesia is still interpreted as being free to form SP/SB institutions, and not on the freedom to be or not to become members or administrators of SP/SB, so that it can be said that freedom of association has not been effectively implemented at the level of implementation or regulation. and the need for revision of Law number 21 of 2000 concerning SP/SB to strengthen and actualize the true right to freedom of association, such as changing the minimum requirements for the number of workers in forming SP/SB institutions, strengthening the function of labor inspection, making further regulations regarding the implementation of freedom in becoming or not being a member or administrator of SP/SB.