Perlindungan Hukum Terhadap Kecelakaan Kerja Ditinjau Dari Undang-undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Dihubungkan Dengan Hak Keperdataan

Musnimar, Musnimar (2019) Perlindungan Hukum Terhadap Kecelakaan Kerja Ditinjau Dari Undang-undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Dihubungkan Dengan Hak Keperdataan. Masters thesis, Universitas Islam Riau.

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Abstract

Based on complaints submitted to the Riau Province Manpower and Transmigration Service, complaints were received on average every day from 10 to 15 cases, originating from various business entities, large, medium and small and medium enterprises. While the increase in the number of reported cases occurred more due to the increasing number of companies and the high awareness of employers to implement Occupational Safety and Health. The problems reported were caused by the Company not registering its workforce to the Employment Social Security Program at the Manpower Social Security Organizing Agency or the existence of each party who felt the need to establish a labor inspector related to workplace accidents due to differences of opinion and views of the parties. The main problem (1) How is the protection of work accident insurance viewed from Law No. 13 of 2003 concerning Employment? (2) How is the protection of work accident insurance against the change in sanctions for implementing social security from the Criminal Workforce (Law Number 3 of 1992 concerning Workers' Social Security) into Administrative and Civil Sanctions (Law Number 40 of 2004 concerning National Social Security) in terms of legal sociology? (3) What are the civil rights of the workforce according to the Civil Code. This type of research is normative research or library research method. The results of the discussion, work accident insurance coverage has been regulated in general in Law Number 13 of 2003 concerning employment and is not regulated in detail, because at the time this Law was enacted there was already Law Number 3 of 1992 concerning Workers' Social Security. The protection of work accident insurance by not enacting Law Number 3 of 1992 concerning Workers' Social Security, is regulated in Law Number 24 of 2011 concerning the Manpower Social Security Organizing Agency, and there has been a change in sanctions against violations of the implementation of labor social security. this from the original criminal sanctions to administrative and civil sanctions, and again to position the workforce to a weak position, because the implementation of administrative and civil sanctions requires a long way and does not cause a deterrent effect for the employer who does not implement it, so that is not providing legal certainty for labor and their families. The civil rights of a worker can be seen from the Work Agreement in Article 1320 of the Civil Code and Collective Labor Agreement.

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