SEJARAH HUKUM KETENAGAKERJAAN | BELAJAR HUKUM KETENAGAKERJAAN

Summary

In this video, Dwi Aja Ilahi and Selvi Widayanti provide an overview of labor law history, focusing on its evolution both globally and in Indonesia. They discuss the origins of labor law in the Industrial Revolution, the early labor laws in England, and the impact of these laws in Europe. They then explore Indonesia’s labor history, detailing the periods before and after independence, from forced labor systems to post-independence reforms aimed at improving workers' rights. The video also covers sources of labor law, including written and unwritten laws, and discusses the role of labor courts in resolving disputes.

Takeaways

• 😀 The history of labor law is divided into two main sections: global labor law history and Indonesian labor law history.
• 😀 Labor law in Indonesia is further split into periods before and after independence, with significant changes after August 17, 1945.
• 😀 The industrial revolution in Europe, especially in England, marked the beginning of labor law with the invention of the steam engine, affecting the worker-employer relationship.
• 😀 Early labor laws started in England in 1820, followed by Germany, France, and the Netherlands, addressing the relationship between workers and employers.
• 😀 Before independence, Indonesia experienced three phases of labor history: slavery, forced labor, and penal labor.
• 😀 The forced labor system during the colonial period in Indonesia involved building roads, most notably the Anyer-Panarukan road, under harsh conditions.
• 😀 Efforts to abolish forced labor started in 1813 with Raffles, but it wasn’t until 1938 that it was officially ended.
• 😀 After independence, labor law in Indonesia shifted focus to human rights, specifically addressing issues like forced labor, unfair working conditions, and employee protection.
• 😀 Key principles post-independence included equal treatment for workers, abolishing forced labor, and ensuring job security for employees.
• 😀 Sources of labor law in Indonesia include both written sources (such as laws, regulations, court decisions, agreements, and international treaties) and unwritten sources like customs and practices, particularly after World War II.
• 😀 The competency of labor courts is divided into absolute and relative jurisdictions, with cases like wrongful termination being heard in industrial courts.

Q & A

What are the two main historical divisions of labor law?

The history of labor law is divided into two main sections: labor law history in the world and labor law history in Indonesia.

How did the industrial revolution in Europe influence labor laws?

The industrial revolution, particularly in England, led to significant changes in labor relations due to the advent of steam engines, which greatly increased production but also raised concerns about worker safety and well-being.

What were the primary concerns regarding workers during the industrial revolution?

The primary concerns were the exploitation of workers, including children and women, who were employed in dangerous jobs in textile factories and mines, leading to unsafe working conditions.

What are the key milestones in the development of labor laws in the world?

Labor laws began to emerge in England in 1820, followed by Germany and France in the 1840s, and the Netherlands in 1870, with the goal of improving worker-employer relations and ensuring workers' rights and safety.

How was labor law in Indonesia influenced by colonial rule?

During Dutch colonial rule, Indonesia experienced forced labor systems such as 'kerja rodi' (forced labor), which were later abolished after Indonesia's independence, marking a significant shift in labor laws.

What was the purpose of the legal reforms post-independence in Indonesia?

Post-independence labor reforms aimed to eliminate exploitation, such as forced labor and unfair employer practices, and to create a more balanced relationship between workers and employers.

What is the significance of the 'Pancasila' in relation to labor laws in Indonesia?

Pancasila, the foundation of Indonesia's national philosophy, plays a critical role in labor law by emphasizing justice, equality, and the protection of workers' rights, ensuring no exploitation or arbitrary dismissal.

What are the two main types of sources of labor law?

Labor law sources are divided into two categories: written sources (such as laws, regulations, court decisions, and agreements) and unwritten sources (such as customs and practices).

What is the highest and most important source of labor law?

The highest and most important source of labor law is the law itself, specifically laws like the Indonesian Labor Law No. 13 of 2003.

What is the role of 'perjanjian kerja bersama' (collective labor agreements) in labor law?

A 'perjanjian kerja bersama' or collective labor agreement is a written agreement between workers and employers that sets out the terms and conditions of employment, serving as an important legal source in labor law.