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description Journal article public Lex Jurnalica

Perbedaan Hukum Perburuhan di Negara dengan Sistem Hukum Civil Law dan Common Law Studi Kasus Singapura dan Indonesia

Agus Suprayogi
Diterbitkan 2016

Abstrak

In the field of labor law, there are two kinds of sources of law, namely: an autonomous legal norms and heteronomiclegal norms. The first is the legal provisions stipulated by the parties engaged in a working relationship that is between the workers or Trade Unions with Employers or Employers organizations. For example the Employment Agreement, the Company Regulations and Collective Labor Agreement. The second is the legal provisions stipulated by Third Parties outside the parties engaged in a working relationship. Legislation in the field of labor prevailing in Indonesia, among others, is Law No. 13 of 2003 and Law No. 02 of 2004. If the above legal traditions associated with both types of sources of labor law, it is in those countries that embrace Common Law tradition, the main source of labor laws in general are Autonomous norms. In the countries of the Civil Law legal tradition, in general are heteronomic norms. Labor law is not the kind of law that is neutral and independent, so that the necessary government involvement as a safeguard against the weak position of workers. Singapore (Common Law) have labor laws that the Employment Act 1968. The Employment Act 1968 is a refinement on various ordinances created by the colonial ruler (Britain), which are The Labor Ordonance 1957, The Shop Assistants Employment Ordinance 1957 and The clerck's Employment Ordinance 1957.

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