Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021)

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Implementation of Enforcement on the Occurrence of Union Busting

Authors
Chamdani1, Asri Wijayanti2, *
1University Wijaya Putra, Surabaya, Indonesia
2Law Department, University Muhammadiyah Surabaya, Surabaya, Indonesia
*Corresponding author. Email: asri.wijayanti@fh.um-surabaya.ac.id
Corresponding Author
Asri Wijayanti
Available Online 13 May 2023.
DOI
10.2991/978-2-38476-022-0_14How to use a DOI?
Keywords
Union busting; Right to association; Evidence
Abstract

The existence of the Labor Union is needed as an effort to fight for the rights of workers who are reduced or lost. Legal protection has been provided by the state for the guarantee of the right to unionize in the Labor Union Act. This study aims to analyze the legal rules governing the rights of labor unions. This legal research uses a normative juridical approach with a statute approach related to law enforcement on the occurrence of union busting. The results of the study showed that there are regulatory restrictions as the indication that a union busting crime has occurred. Actions to hinder or coerce related to the implementation of the right to associate in a certain way must be examined conditionally. Examining the substances (subject-object) and procedures for an act of obstructing or coercing the implementation of the right to unionize results in the non-fulfillment of the criminal element due to insufficient evidence. The conclusion obtained is that there is not enough evidence for the alleged criminal act of union busting; or it can be risen to a general perception that there is no guarantee of legal protection for union busting. The resulting recommendation is that it is necessary to conduct a study to provide a broad elaboration or interpretation of the formulation of Article 28 jo. 43 Labor Union Act.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
13 May 2023
ISBN
978-2-38476-022-0
ISSN
2352-5398
DOI
10.2991/978-2-38476-022-0_14How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Chamdani
AU  - Asri Wijayanti
PY  - 2023
DA  - 2023/05/13
TI  - Implementation of Enforcement on the Occurrence of Union Busting
BT  - Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021)
PB  - Atlantis Press
SP  - 115
EP  - 124
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-022-0_14
DO  - 10.2991/978-2-38476-022-0_14
ID  - 2023
ER  -