ANALISIS YURIDIS HAK DAN KEWAJIBAN ANTARA PENGUSAHA DENGAN PEKERJA WANITA DALAM UNDANG-UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ATAS PEMUTUSAN HUBUNGAN KERJA (PHK) SECARA SEPIHAK

Abstract

This study aims to examine and analyze the Legislative Position on the Rights of Women Workers and the Obligations of Employers with the Work Agreement of the Parties and to study and analyze the forms of legal protection that can be provided to female workers in connection with violations of reproductive rights (Analisa Putusan). Number: 26 / Pdt.Sus-PHI / 2016 / PN Pbr and Decision Number: 01 / G / 2014 / PHI-PN.PDG) in terms of the regulations governing the Settlement of Industrial Relations Disputes. This research is an approach. This type of research is a normative legal research with a juridical-normative approach that the researcher uses as a basis for this research, which is not limited to just one (1) approach, but in research it can be carried out with more than one approach. The approach to this research is the juridical-normative approach, because the research carried out will focus on bibliographic data, which is examined by the author with an analysis knife using statutory provisions that apply to a country or positive law, then the author describes legal theories and Expert opinion relevant to the problems to be examined in this study.Based on the results of the research, the authors conclude that the position of the Legislation on the rights of women workers and the obligations of employers with the Work Agreement of the parties, that Law Number 13 of 2003 concerning Manpower falls within the scope of public law, while in the Work Agreement between Workers with the Employer being in the scope of private law, so there is a need for legal protection for workers because between workers and employers are often faced with an unbalanced bargaining position, in this case the Work Agreement made by the Parties must still pay attention to the applicable Prevailing Laws. and Forms of Legal Protection that Can Be Provided to Female Workers in connection with the violation of Reproductive Rights that the fulfillment of workers' rights has implications for labor protection, whereby women in the world of work have equal opportunities guaranteed in the law regulated in Article 49 of Law Number 39 Year 1999 concerning Human Rights