PENGATURAN PERJANJIAN KERJA WAKTU TERTENTU DARI PERSPEKTIF KEPASTIAN HUKUM DAN PROSPEKNYA KE DEPAN

Romi, Romi and Fendri, Azmi (2009) PENGATURAN PERJANJIAN KERJA WAKTU TERTENTU DARI PERSPEKTIF KEPASTIAN HUKUM DAN PROSPEKNYA KE DEPAN. Artikel Ilmiah Penelitian Dosen Muda .

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Abstract

The regulation of employment system-certain term contract has produced some polemic both in the sector of labor and entepreneur. It was evaluated as the implementation of flexibility of laborship was evaluated disaggree with our constitutional law. In the ohter side, it also has high potency to reduce the implementation of other related regulation in the field of Social Guarantee of Employee and Labor Assosiation who has inconsistency with the regulation industrial relation and labor Act. The problem is what the Regulation of employment system-certain term contract has obtained the strongly legal certainty and then how shoul to apply it for the future. This assessment was performed by judical-normative approach through library research. The data that has been obtained to be analyzied in the form judical-qualitative method and for the next it is ready to be revealed judical describtively. The result of this research showed that the regulation of employment system-certain term contract in Indonesia has not obtained the legal certainty yet. Vertically, the regulation of it opposed with Pancasila and UUD 1945 (Constitutional Law). Horizontally, the regulation of it has been rededuced the implementation of other regulations linked with social guarantee for employment and it association. In theend, the regulation of it isnot harmony with the concept of industrial realtion concept of Pancasila that has been establsihed on employement act itself. The regulation of it for the future should be abolished from employement of national regulation. Besides it becomwe judicial formality weakness, it also has unstable potency economically and politically, obstruc the accievement of wellfare nationally as well as represent the main option in improving the climate of national investment. Keyword: contract of employment system, legal certainty and judicial formality weakness

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