Tinjauan Yuridis Penahanan Ijazah Pekerja dalam Kitab Undang – Undang Hukum Perdata dan Undang – Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan (Studi di Dinas Ketenagakerjaan Provinsi Sumatera Utara)

Abstract

The practice of diploma retention by companies as a form of guarantee to prevent employees from resigning before the end of their employment contracts has sparked legal controversy in Indonesia's labor sector. This practice conflicts with the prevailing legal norms. Under civil law, an agreement is only valid if it meets the four conditions stipulated in Article 1320 of the Indonesian Civil Code: mutual consent, legal capacity, a specific object, and a lawful cause. Meanwhile, Law Number 13 of 2003 on Manpower requires that employment agreements reflect principles of protection, balance, and legal certainty between employers and employees. This study aims to examine the legal validity of diploma retention agreements from the perspectives of civil law and labor law, as well as to analyze their impact on the fulfillment of workers’ fundamental rights. The research employs a normative and empirical juridical method, combining statutory analysis with field data obtained from the Manpower Office of North Sumatra Province. This mixed approach integrates the study of written legal norms with real-world observations of employment contract practices. The findings show that although there may be consent between the employer and employee, the retention of diplomas without a clear legal basis contradicts the principles of both civil and labor law and may be categorized as an unlawful act. Such practice violates the sound principle of freedom of contract and fails to reflect the protection of workers' rights as mandated by labor legislation. Therefore, stronger regulatory measures are needed to safeguard personal documents of employees and to prohibit exploitative labor practices