Legal Protection of Labour’s Freedom of Union Againts Union Busting in Indonesia

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Dhia Al Uyun, Edgar Buryahika, Daniel Alexander Siagian

2024 Jurnal Suara Hukum Vol. 6 Issue 2 Article Cited by 1 SDG 17SDG 16SDG 8 Quartile

Abstract

Freedom of association, assembly and expression is part of Human Rights that must be respected, fulfilled and protected. Constitutionally, freedom of association for workers/laborers has been guaranteed in Article 28E (3) which confirms that everyone has the right to freedom of association, assembly and opinion. Union Busting is a restrictive measure against the establishment and implementation of workers freedom of association, beginning with discrimination against workers. This research aims to identifies and analyzes the legal protection of the right to freedom of expression for workers against Union Busting. The results of this research show that restriction of freedom of association is contradictory as Article 104 Paragraph (1) of Law No. 13 of 2003 concerning manpower confirms that every worker/worker has the right to form and become a member of a trade union/trade union. Legal protection is an effort to prevent and overcome the violation or non-fulfillment of the rights of legal subjects. Legal protection against Union Busting is actually needed to protect workers ' rights in forming and running unions so that there is a healthy working relationship between workers and companies. © 2024, Faculty of Law Universitas Negeri Surabaya. All rights reserved.

Affiliations

Faculty of Law, Universitas Brawijaya, Malang, Indonesia; Faculty of Education and Sciences, University of Saint Joseph Mbarara, Nyamitanga, Uganda

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