PASAR KERJA FLEKSIBEL VERSUS PERLINDUNGAN PEKERJA DI INDONESIA
ABSTRACT: Some empirical
studies have tried and showing that labor market in most of countries outside
of Europe and USA, are inflexible, or rigid. One of the most relevant causes is
connected with rigidities of employment protection legislation (EPL).
Theoretically it said that any kind of EPL will prevent employers to hiring and
.firing employee. So, to create LMF, an argument which is raised is addressed
to abolish EPL. This paper aimed to suggests the analysis of (1) the impact of
applying the concept of LMF connected with the employment protection in
Indonesia, especially those related to wages, employment status, trade union,
and layoffs, (2) the most appropriate form of LMF due to Indonesia s
conditions. This paper is part of the review on "The Impact of Labor
Market Flexibility against Employment Protection in Indonesia", by taking
a sample of 125 companies in various sectors. The analytical method used is
explanatory. The .findings of the study results indicate that, it is too hard
for Indonesia to implement LMF presently due to several causes: (1) LMF concept
contain many controversy and never defined very precisely or directly; (2)
insufficient conditions required, such as low level of Indonesia's IDV Index,
unemployment rates is still high and persistent, weak of employee bargaining
power in employment relationships; and (3) corporate culture. If LMF
implemented currently, or while requirements have not yet been filled, it will
call negative influence to the employment protection, because: (1) creating
employer aristocrat; (2) pushdown employee to the lowest level; (3) creating
Hobbesian contract; and (4) eliminating government functions. At present, the
most relevant issues should be considered is to develop a more realistic and an
ideal LMF concept, that has to be made some trade-off probably between LMF and
employment protection, that allow an opportunities to increasing enterprises
competitive power and ensuring employment protection minimum standard at the
same time. For Indonesia, may be now is the time to implementing wages based on
productivity system accompanied by creating an unemployment insurance benefits
for employee(s) who dismissed. Based on concluding remarks above, this paper
suggested employers, employees, and government, and experts should sit side by
side to develop an ideal LMF concept for Indonesia, accompanied by increasing
economic performance, pushdown rates of unemployment to the average level of
the natural rates of unemployment. Besides, employers should prepare to justify
their corporate culture by implementing "mental and ideological
approach", which is not just to hunting profit, but ready to pay
"cost of change" also. Last but not least, trade unions should more
professional and independent, both as a closer partner of employer and as a
employees representation.
Penulis: Zantermans Rajagukguk
Kode Jurnal: jpsosiologidd100124
