Observing the Philosophical Conception in Juridical Construction of Labour Strikes to Fulfill the Labour Rights in Indonesia

Abstract

This research aims to examine the realization of the philosophical conception of labour strikes in the juridical construction of labour strikes in Indonesia as an effort to fulfill the labour rights. For this purpose, the research was conducted by using normative research which used two approaches, that were philosophical approach and the statue approach. A Philosophical approach was used to gain a complete understanding of the concept of labour strike. In another hand, the statute approach was used to read the juridical construction of labour strike in Indonesia. The statute approach was supported by primary legal materials and secondary legal materials. The data obtained were analyzed qualitatively and then described descriptively. This research shows that the philosophical conception of labour strikes fails to manifest in the juridical construction of labour strikes in Indonesia. This failure ultimately leads to the unfulfillment of labour rights. The failure of this manifest is a realization by the granting of big control to employers in negotiations and also the limitation of granting the wages for labour only when the strike is carried out with normative demands. Therefore, the author stated that is necessary to reconstruct the juridical building for labour strikes in Indonesia in order to fulfill the labour rights.