Access to Justice and Labor Law Reform in Asia

<jats:p>The existence of national labor law system guarantees fair is one of legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has given capacity to achieve access to justice as the basis for implementing international labor relations in Asia. The method of this study is a normative legal research with statute approach. The findings support that there was an inconsistency on the substance of the legal structures that affect the low legal culture. The substance of the national labor law systems have not adapted the comprehensive International Labor Organization (ILO) conventions. Less robust system of national labor laws affect access to justice in the weak field of labor in the region.</jats:p>

section_content: Legal protection is the sign of Indonesia as a state of law. Legal human rights and legal basis of the country. concept. As the law country, acces open Surabaya, East pose of the legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has provide access to justice as the This study using normative legal research method with statute an inconsistency on the substance of the legal structures that affect the The substance of the national labor law systems not applying the comprehensive International This Less robust system of national labor laws affecting access to justice Rechtsidee, 3(1), 17reformasi hukum apakah sistem hukum tenaga kerja di Asia. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan undang-undang. Hasil penelitian mendukung adanya ketidakkonsistenan pada substansi struktur hukum yang mempengaruhi budaya m tenaga kerja nasional yang tidak menerapkan konvensi undang-undang PHI is the court to handle industrial relation dispute problem. 

legal subject is a corporation, workers, and the government judicial institution in all cases labor. In fact, there are still labor cases that can be solved through an independent judiciary wage 3. 

Access to labor justice related to labor legal system, are composed of substance of the law, structure of the law and the culture regulations. There is needed a full harmony to the rule of norms based on International conventions. Foreign labor rights for example, Indonesia already sign and ratification judicial institution in all cases labor. In fact, there are still labor cases that can be solved an independent judiciary, for example is the cases about dispute over a minimum related to labor legal system, are composed of substance of the law, structure of the law and the culture of the law. Substances labor law is the labor full harmony to the rule of law, both national and international International Labor Organization (ILO) and United Nations (UN) Foreign labor rights for example, Indonesia already sign and ratification The industrial relation hould be served as a judicial institution in all cases labor. In fact, there are still labor cases that can be solved, for example is the cases about dispute over a minimum related to labor legal system, are composed of substance of the labor law is the labor law, both national and international and United Nations (UN) Foreign labor rights for example, Indonesia already sign and ratification foreign The labor law of regulations/institutions and The extent on the community for the Law will. The existence of a fair guarantee labor law system was one form for the legal reform to achieve access to of this text is whether labor law systems have already given space to achieve access to justice as a basis for their labor international relations in Asia approach as a method.
section_name: Introduction

section_content: Indonesia as a part of Asia and member of Association of Southeast Asian Nations equent changes in the rules that the subject ca hem; nce between the rules as announced and their a regulations/institutions structure, authorized to deal with the labor situation,

The extent on the community for the Law will. The existence of a fair guarantee labor was one form for the legal reform to achieve access to justice. The main problem of this text is whether labor law systems have already given space to achieve access to justice as a basis for their labor international relations in Asia or not. This study as a part of Asia and member of Association of Southeast Asian Nations Required an understanding legal relationship between members of ASEAN labor. A common understanding would be easy to be achieved if l concepts. ILO has issued the convention and recommendations. In 1998, the ILO had declared about Declaration on Fundamental Principles and Rights at Work was id that all members including that have yet to ratify the convention of the convention, oblige that arise from the fact membership in the Organization promoting and provide, in good faith, the principles of basic rights that is the subject of the
section_name: Discussion

section_content: The rule of law on a minimum wage, needs for life is suitable for workers as a single worker Nevertheless, based on the constitution, e fairly and worthy in labor relations relations is money that is suitable for humanity "Workers who received and revealed as money as rewards from entrepreneurs or employers to workers who nominated are paid according to a work agreement or rules and regulation a for a job and/or services that has to be done This law is not discussed further in the rules. A minimum wage depending on the needs live decently (KHL). KHL was the standard needs a worker to live as a single woman is physically fit for needs 1 (one) month violations' theory of law concerning "The elements to be taken into consideration in determining the level of minimum wages shall, so far as possible and conditions, include: (a) The needs of workers and their families, taking in to account the general level of wages in the country, the cost of living, social security benefits, and the relative living standards of other social groups; (b) Economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintai employment". 

Indonesian Disputes among businessmen and entrepreneurs. 

The rule of law on a minimum wage, are narrowing to the scope only base on the needs for life is suitable for workers as a single worker, not worker and his family. 

constitution, everyone may work and get rewards and treated relations 6. An elaboration wage, fair and appropriate in is money that is suitable for humanity 7. In addition, wages are defined as orkers who received and revealed as money as rewards from entrepreneurs or employers to workers who nominated are paid according to a working agreement, the agreement or rules and regulation as well as benefits for workers/labor and his family a job and/or services that has to be done". 

is not discussed further in the rules. A minimum wage depending on the needs live decently (KHL). KHL was the standard needs a worker to live as a single woman is physically fit for needs 1 (one) months 9. Inconsistency vertical was also caused the theory of law concerning a proper wage. The ILO Convention states:

The elements to be taken into consideration in determining the level of minimum wages shall, so far as possible and appropriate in relation to national practice and he needs of workers and their families, taking in to account the general level of wages in the country, the cost of living, social security benefits, and the relative f other social groups; conomic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of use labor supervision to supervise that. Labor supervision established field labor 10. Supervision shore up his country's supervisor by civil servants who have a job-order to ensure that it works in independent and regulation. This supervisor nominated by the Minister or state officials who were carried out by work units in its own government agencies that scope duty and Any further duties which may be entrusted to labor inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers 14. Thus, as is compatible with the administrative practice of the Member, labor inspection shall be placed under the supervision and responsibility in the field employment in government, the provincial government, and the sors is part of the Labor system. An institution that supervisors is a Civil which is raised and commissioned in functional under law and regulations 12. As Indonesia has been ratified ILO Convention No. 81 concerning Labor Inspection in industry and commerce in the Law No. 21 Year functions of the system of labor inspection shall be:

to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours, wages, safety, health and welfare, the employment of children and young persons, and other connected matters, in so far as such provisions are enforceable by labor inspectors; to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; to bring to the notice of the competent authority defects or abuses not covered by existing legal provisions. 

Any further duties which may be entrusted to labor inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the y which are necessary to inspectors in their relations with employers as is compatible with the administrative practice of the Member, labor inspection shall be placed under the supervision and control of a central authority stated Article 3 and 4 of the Convention 81 seem that a labor supervision has not implemented the third function to bring notice of the competent authority defects or abuses not specifically covered by existing legal provisions. In additio Convention 81 that are not under control of central government, w no overlapping authority between Minister of Labor and the Minister of Home Affairs in the field labor related to regional autonomy. The note of labor supervisor that given to the entrepreneurs who do criminal violations, can be in charge in the State Administrative Court and that memorandum in bringing them to mediation to be resolved transformed into a civil case. Inconsistency vertical horizontally over substance and the structure of the law that influence to the low culture law. 

forum" of judicial institution as an effort to solve cases labor National labor legal system that have yet to adopt ILO conventions, basic principles should be immediately in reform. Reform is changes drastically to improve a community or country. Labor legal system reform in Indones basic he did. Legal system reform labor must provide access to justice for worker, employers and community. ILO conventions as the basis for international relations labor is enough to protect workers if applied in the substance national law. 

Access to justice legal reform in labor must be started from national law. ability each person to get service Judgments. through this openness information Judgments who reported the existence of the allegation offense on labor, should be immediately investigated, if there is evidence that was enough. Access to justice is easy in theory, it is hard in practice. Joshua Rozenberg "Few of us give it a secon tab, whenever we need it, but when the time comes to enforce our rights, many of us will find it very difficultcourts". 

According Joshua opinion, workers legal process. For example the interests suspect defense, which can be provided legal aid Criminal act with death sentence or fifteen years sentence or more or for those who could not which was threatened with criminal five years or more who have no legal advisor itself, legal
section_name: Disputes among businessmen and entrepreneurs

section_content: labor unions can answer the investigators to be an investigation and in arrears in PN. It happens investigators were reluctant to investigate because labor is only limited industrial relation problems in the area. The criminalization toward often labor, reports the exist of the The note of labor supervisor that given to the entrepreneurs who do criminal violations, can be in charge in the State Administrative Court and that memorandum in bringing them to mediation to be resolved by win-win solution. Criminal cases have been Inconsistency vertical horizontally over substance and the structure of the law that influence to the low culture law. Workers preferred to " on as an effort to solve cases labor National labor legal system that have yet to adopt ILO conventions, basic principles should be immediately in reform. Reform is changes drastically to improve a community or country. Labor legal system reform in Indonesia is very important for international relations basic he did. Legal system reform labor must provide access to justice for worker, employers and community. ILO conventions as the basis for international relations labor is enough to ied in the substance national law. 

Access to justice legal reform in labor must be started from national law. ability each person to get service Judgments. Access to justice in the field labor law can through this openness information Judgments and equal treatment in legal process. who reported the existence of the allegation offense on labor, should be immediately investigated, if there is evidence that was enough. Access to justice is easy in theory, it is erg 16 holds that: ond thought. We assume justice will somehow be available, on enever we need it, but when the time comes to enforce our rights, many of us -if not downright impossible-to obtain true just According Joshua opinion, workers required a legal assistance. In addition to relief the interests suspect defense, which can be provided legal aid act with death sentence or fifteen years sentence or more or for those who could not which was threatened with criminal five years or more who have no legal advisor itself, legal

The Search ForJustice An Anotamy of the Law (London: Hodderand Stoughton No. 8 Tahun 1981 Tentang Hukum Acara Pidana (Law Number 8: SG No. 76, 1981). 

labor unions can answer the investigators to be an investigation and in arrears in PN. It happens investigators were reluctant to investigate because labor is only limited industrial reports the exist of the The note of labor supervisor that given to the entrepreneurs who do criminal violations, can be in charge in the State Administrative Court and that memorandum in win solution. Criminal cases have been Inconsistency vertical horizontally over substance and the Workers preferred to "shopping National labor legal system that have yet to adopt ILO conventions, basic principles should be immediately in reform. Reform is changes drastically to improve a community or ia is very important for international relations basic he did. Legal system reform labor must provide access to justice for worker, employers and community. ILO conventions as the basis for international relations labor is enough to Access to justice legal reform in labor must be started from national law. Career or Access to justice in the field labor law can and equal treatment in legal process. Anyone who reported the existence of the allegation offense on labor, should be immediately investigated, if there is evidence that was enough. Access to justice is easy in theory, it is t. We assume justice will somehow be available, on enever we need it, but when the time comes to enforce our rights, many of us true justice from the

In addition to relief the interests suspect defense, which can be provided legal aid 17. 

act with death sentence or fifteen years sentence or more or for those who could not which was threatened with criminal five years or more who have no legal advisor itself, legal (London: Hodderand Stoughton (Law Number 8: SG No. 76, 1981). Article advisor must be appointed for them poor people 19. However, no sanction recorded for offender. Therefore, access to justice cannot be maximized.
section_name: Access to Justice and Labor Law Reform in Asia

section_content: The vertical and horizontally law. Influence to the low culture ILO conventions. Less national labor law systems have an effect to a weak access to justice in the field labor in the Asian region. Recommendation system based on ILO conventions comprehensively/
section_name: Conclusions

section_name: Access to Justice and Labor Law Reform in Asia

section_content: Undang Dasar Negara Kesatuan Republik Indonesia Tahun 1945 1945 Constitution of The State of Republic of Indonesia, 1945. View Item UU No. 21 Tahun 2003 Tentang Pengesahan ILO Convention No. 81 Concerning In Industry and Commerce (Konvensi ILO No. 81
section_name: Access to Justice and Labor Law Reform in Asia