The Obstacles of Labor Inspection in Protecting Workers’ Rights in Indonesia
Abstract
Labor inspection system is the fundamental function of labor law enforcement and effective compliance. Nevertheless, the lack of the system contributes to difficulties in promoting labor law compliance. This article aims to analyze the obstacles of labor inspection in Indonesia during the function be conducted by the district/regency government. By using descriptive and analytical methods, it can be concluded that there are some obstacles faced by the labor inspectors in the district/regency level in order to protect the workers’ rights. Those are the labor inspection planning is not going well, the stages of labor inspection process are not enforced, the number of labor inspector is not comparable with the number of companies that must be inspected, some the district/regency employment offices does not have civil servant investigators, intervention by local officials, no rotation of work area of the labor inspectors, most companies are small enterprises, and overlapping duties between labor Inspectors and mediators on advisory duty. These obstacles have caused the rights of workers to be less protected.
References
[2]` Act No. 21 Year 2003 concerning The Ratification of ILO Convention No. 81 concerning Labor Inspection in Industry and Commerce. Indonesia.
[3] Act No. 23 Year 2014 concerning Local Government. Indonesia.
[4] Albracht, G. 2005. Integrated Labor Inspection Systems: the strategy of the ILO, in The Global Challenges of Labor Inspection. International Labor Office. http://www.ilo.org/wcmsp5/ groups/public/@ed_protect/@protrav/@safework/ documents/publication/wcms_108666.pdf (accessed September 12, 2017).
[5] Davidov, G. 2010. The Enforcement Crisis in Labor Law and the Fallacy of Voluntarist Solutions. The International Journal of Comparative Law and Industrial Relations 26 (1): 61-81.
[6] Governing Body of ILO. 2010. Labor administration and inspection: Challenges and perspectives, 309th Session, International Labor Office.
[7] Hukum Online. 2015. Pengawas Ketenagakerjaan setelah UU Pemda baru. http://www.hukumonline.com/berita/baca/lt550fc5bd931d7/pengawas-ketenagakerjaan-setelah-uu-pemda-baru (accessed August 25, 2017).
[8] ILO Convention No. 81 concerning Labor Inspection in Industry and Commerce.
[9] ILO Jakarta Office. 2016. Factsheet on Labor Inspection in Indonesia.http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilojakarta/documents/publication/ wcms_549704.pdf (accessed August 21, 2017).
[10] International Labor Office. 2011. Labor Administration and Labor Inspection, Report V of the 100th International Labor Conference, International Labor Organization.
[11] Kementerian Ketenagakerjaan Republik Indonesia. 2017. Menaker: Perkuat Pengawasan Ketenagakerjaan Daerah. https://kemnaker.go.id/berita/berita-naker/menaker-perkuat-peranan-pengawas-ketenagakerjaan-daerah (accessed September 12, 2017).
[12] Mantouvalou, V. 2011. Study on Labor Inspection Sanctions and Remedies: The case of the United Kingdom, Working Document No. 19, International Labor Organization.
[13] Vega, M.L., and Robert, R. 2013. Labor Inspection Sanctions: Law and Practice of National Labor Inspection Systems, International Labor Office.
[14] Weil, D. 2008. A Strategic Approach to Labor Inspection. International Labor Review 147 (4): 349-375.
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