means to propose and make their best efforts, protect
and defend the interests and welfare of workers and
their families, and to create harmonious, dynamic
and fair as well as equitable industrial relations.
Through the union, employees / workers like to have
vehicle to gather and express opinions more open
and guaranteed. Workers are protected by an
institution under the Law to become a strategic
partner of the company.
In Explanatory Notes, the Labor Union Act
explains that Workers are very important business
partners in the production process in order to
improve the welfare of workers and their families, to
ensure the sustainability of the company, and to
improve the welfare of Indonesian society in
general. In this regard, trade / labor unions are a
means of striving for the interests of the workers and
establishing harmonious, dynamic, and equitably fair
industrial relation. Therefore, Labor / Worker
Unions must have responsibility for the
sustainability of the company and on the other hand,
Employer / management must treat and place
workers / labors as partners with human dignity.
The right to associate in organization for workers
/ laborers, as stipulated in the International Labor
Organization (ILO) Convention No. 87 concerning
Freedom of Association and Protection of the Right
to Establish Organization, and ILO Convention No.
98 concerning with Application of Fundamentals of
Rights to Interrelate has been ratified by Indonesia
become part of national legislation. This became a
reference for the government to make a special
regulation for the workers to found union.
The existence of Labor / Worker Unions instead
of protecting the rights of members within the
company, it also constitutes as a means of creating
harmonious, dynamic, and equitably fair industrial
relations in accordance with applicable legislation.
This arrangement at least opens opportunities for
unions to create quality relationships between
Employers / Management and Workforce. However,
this arrangement does not firmly stipulate that
unions are one of the institutions invited to negotiate
by employers to make company policies, especially
with regard to the labor they are striving for.
As a company owned by the State, SOEs have
become a company managed under the regulations
of Limited Liability Companies. But in certain limits
the management is still regulated by SOEs
regulation as the regulation that raise SOEs.
However, arrangement related to manpower and
how it relates to decision making in companies are
not expressly regulated in both laws.
The Employment Regulation which constitute
the reference in the relationship between the
company and the SOEs employees also does not
provide more space for the workforce to get a place
in the company to express their opinions and
feedback for the application of company policies,
especially those concerning with future of the
workforce. Labor unions as a vehicle to gather and
express opinions and to protect the rights of
employees have been imposed regulation and every
activity is protected by law, but the substance also
does not provide more in terms of coordination of
policy making. Harmonious industrial relation is one
of the reasons that Union is established, but actual
technical implementation does not indicate such a
right. If the right to strike has been regulated in its
regulations, it can be interpreted that the Law has
predicted earlier that such a situation will often
occur. It should be more preventive arrangement if
in the early phase of policy making this condition is
taken into consideration. This way, "Preventive
Actions are better rather than Curative Treatments"
becomes a principle that should be applied in the
enforcement of this arrangement.
Company policies concerning the existence of
manpower and / or that related to its existence often
become obstacles in the management of the
company. State-owned Company is a legal entity in
the form of legal entity and has rights and
obligations and legal responsibility. It will be
difficult to achieve the best performance if
employing unskilled workers and without high
dedication to the company, even the problems of
industrial relations between workers and
corporations that many state-owned companies have
given a special lesson in realizing the purpose of the
establishment of the SOE. Because as a legal entity,
it is the right for stakeholders and shareholders to be
able to demand those subject to their rights.
Rights and duties are not a collection of rules or
systems, but are a balance of power in the form of
individual rights on the one side that are reflected as
the obligations on the other side. Rights and
obligations are the powers granted to a person by
law (Priambodo, 2004). For the occurrence of rights
and obligations, there must be the occurrences of
events by law connected as cause and effect. Events
that have legal consequences are legal events.
Rawls states that the original position is the
beginning of an unchanging state of affairs where
there is a guarantee that a fundamental agreement
has been reached in it is truth. This fact leads to the
term fairness as openness. This becomes clearer than
a concept of justice is more clear than others, or it