Advantages and Disadvantages of Strikes

ADVANTAGES AND DISADVANTAGES OF STRIKE

(Study About Strike in Indonesia)

Written By: H. Dodik Setiawan Nur Heriyanto, S.H.*

Introduction

It was recognized since the necessity of labor that the relationship between employee and employer is still in debate for all country. Most of states protect the necessity of the labor with many of Labor Act or made the convention to ratify its necessity. Furthermore, the ratification of ILO convention concerning the Labor could be the highest regulation and provisions regarding labor.

mogok-kerjaDirect or indirectly, the establishment of ILO Convention already influences the government policy in international sphere including Indonesia Government. That’s why, Indonesia Government establish and promulgated Act no. 13 year 2003 concerning the Man Power, Act no. 21 year 2000 concerning the Trade Unions, and also Act no. 2 year 2004 concerning Industrial Relations Disputes Settlement.

The important problem concerning the travel of the company is the strike action by the laborers. Strikes first became important during the industrial revolution, when mass labour became important in factories and mines. In most countries, they were quickly made illegal, as factory owners had far more political power than workers.

The definitions of Strike

The term ‘strike’, or usually coming from strike action, is a work stoppage caused by the mass refusal by employees to perform work. A strike usually takes place in response to grievances that employees feel management are ignoring. (1)

The word strike also known as a situation where a labour force refuses to work in order to protest against an employer, working conditions, pay, etc in the hope that, by doing this, their demands will be met.(2) In the other word may explain the strike as to stop work as a way to seek better conditions, more pay or to make other demands.(3)

In Indonesia, the word ‘strike’ is called as Mogok Kerja (4), which means as the event where a large amount of company employees/laborers to stop working as form of protest to submit their demand to their employer to reach an agreement.

The Advantages and Disadvantages of Strike

Even tough the establishing could make some losses to the company (because the laborers refuse to work), it still has the advantages. The demands of the laborers can be realized immediately because when the strike is begin/start, the owner should discuss the demands of the laborers, as is stated on article 141 verse (2) of Act No. 13 Year 2003.

Prior to and during the strike, the government agency responsible for manpower affairs is under an obligation to solve problem that leads to the emergence of strike by arranging a meeting and negotiate between the disputing parties.

Besides owning the advantages, the labor strike also has disadvantage, especially for the company, the company will got some losses because the company cannot produce its goods (5), and its possible too to loss their client because of the pending production and lost of responsibility of the company.

Strike Cases In Indonesia

The strike happened in Jakarta by the Serikat Pekerja Kereta Api Indonesia. The motive is to claiming the clarity of 5th August Commitment which was promulgated by the central government. It caused they have found the letter from the Financial Ministry, Sri Mulyani Indrawati, which explicitly reject to give the Pension Insurance (JHT (Jaminan Hari Tua)) as much Rp2,274 billion through APBN. So that, they argued to do strike action if the certain officer does not fulfil their commitment.

The strike was happened in Tuesday, October 30, 2006 in Yogyakarta. It was committed by approximately 100 employees of DAMRI in front of Perum DAMRI office with parked at least 40 buses. The motive is to claiming the clarity payment to the employers for the last month which is usually accepted in every 25 in month and if it does not fulfilled, they menacing to do the strike action for the next day.

Conclusion

Generally, Strike of Labor Strike is the acts of laborers to sto working as the form of protest to the employers, but sometimes, strikes are used to put pressure on governments to change policies.

In way, strikes first became important during the industrial revolution, when mass labor became important in factories and mines. In most countries, they were quickly made illegal, as factory owners had far more political power than workers.

A strike may consist of workers refusing to attend work or picketing outside the workplace so as to prevent or dissuade people from working in their place or conducting business with their employer.

There are many actions can be done by the labor strike, either through a lock-out of workers (blocking workers from working normally, resulting in loss of wages) or through an investment strike (refusing to commit funds to maintaining or expanding production).

Beside the advantages, the labor strike also has the disadvantages, either influence the political and economical stability, or make the worst situation of the company. Even though the establishing of strike can arise some disadvantages, but so far it’s guaranteed by the regulations and didn’t infringe the provisions, the labor strike is still allowed.

Endnote:

(1) Taken from http://en.wikipedia.org/wiki/Strike

(2) Taken from http://www.allwords.com/word-strike.html

(3) Taken from http://pimsleur.english-test.net/definitions/definition-of-land-strike-establish-animal-full-army-huge-reason-officer-make.html#strike

(4) Taken from http://id.wikipedia.org/wiki/Mogok_kerja

(5) Taken from http://id.wikipedia.org/wiki/Mogok_kerja


*) The writer is Chief of Training Department (Kepala Bidang Pelatihan), PUSDIKLAT FH-UII.

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Tentang Dodik Setiawan Nur Heriyanto

Dodik Setiawan Nur Heriyanto work as lecturer and legal consultant. He was graduated both undergraduate and postgraduate from Faculty of Law, Universitas Islam Indonesia, one of the oldest universities in Indonesia. He teach several subjects of international law and subjects of legal skill. He also expertise in contract drafter and legal drafter, an area of skill which have been learned during served as civil servant at Local Government of Yogyakarta's Special Region (2009-2012). For more detail about him or more discussion just send him email dodiksetiawan@gmail.com (this mail available also for iMessage, chat, and other social media).
Tulisan ini dipublikasikan di Labour Law, Law (Hukum). Tandai permalink.

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