The Legal Result of Employment Agreement Contradicting to Morality in the Perspective Labor Protection

Abstract

Based on the Labor Law of Indonesia (the 2003 Law No. 13 concerning Manpower - Article 52 paragraph 3) states that if the agreements made ??by the labors and employers are contrary to morality so the agreement will be legally abandoned.  These provisions do not indicate the aspects of legal protection for workers, because until now it has not been found the certain formulation for the nature of the morality essence within the employment relationship, so that there are no concrete parameters to measure the violation of moral values ??. Besides, based on the Labor Law, the omission of employment agreements mean that every points of the agreement that has been made are cancelled also. The omission of the agreement legally means that the legal relationship among the agreement builders has never happened. This means that there will be no avowal of the labors ‘rights which are supposed to be gotten by them based on the agreement. Moreover, the position of labor existence is always in the sub-ordinate toward the employers. Labor does not have a balanced bargaining power in front of the employers so that in turn, Labors do not get a legal protection in the employment relationship. Therefore, the omission of employment agreement as the result of the contradiction between the Law and morality is necessary to be reconstructed once more, so it will create the legal reasoning that is oriented to the effort in giving the Law protection for the labors.

Keywords : labor law, agreement, protection, parameter, contradiction