Politik Hukum Pidana dalam Melindungi Hak Berserikat dari Tindakan Union Busting (Pasal 28 UU No 21 Tahun 2000)

Abstract

The right to associate is a constitutional right in Indonesia. In the context of labor relations, trade unions play a vital role in advocating for workers' rights. However, in practice, freedom of association is often undermined by acts of union busting—systematic efforts by certain parties to obstruct the formation or continuity of labor unions. These acts, as prohibited by Article 28 of Law No. 21 of 2000, take various forms that directly harm workers’ right to associate. This study aims to examine: (1) How the types of actions classified as union busting under Article 28 of Law No. 21 of 2000 and their legal implications for the right of association; (2) What are the mechanisms of criminal legal protection available for workers who become victims of union busting; and (3) How the role of criminal law policy in safeguarding workers’ right to associate, based on the principles of human rights. The method used in this writing is normative juridical research method, which is a method that refers to legal norms conducted through library studies related to the problems being researched, this research has a descriptive nature, and the data is analyzed qualitatively The findings reveal that although the right to associate is constitutionally protected, union busting practices persist due to weak law enforcement and lack of deterrent effect. Hence, a firmer and more human rights-oriented criminal law policy reform is necessary to ensure the protection of freedom of association in Indonesia.