Peranan Perjanjian Antara Perusahaan Jasa Tenaga Kerja Indonesia (PJTKI) dengan Tenaga Kerja Indonesia (TKI) di Kota Medan

Abstract

There are three main problems being observed in this thesis: 1. How is the form of agreement that made by the Indonesian Labour Service Company (PJTKI) and the Indonesian Labour (TKI) in Medan city? 2. How is the right and the obligation of each corresponding party? 3. How is the role of the agreement for the Indonesian Labour Service Company (PJTKI) and the Indonesian Labour (TKI)? To find out about solutions to these problems, research is conduct between PJTKI with TKI in Medan city. This research is analytically, descriptive and use sociological juridical approach. Data was accumulated through library research, interviews and the questionnaires were disseminated to there informants as the respondents. The sample consisted of 6 central P JTKI industries, and 30 Indonesian Laboure's as respondents. The result of the research indicates that the agreement between PJTKI and TKI was formed using a standard agreement. Both the content and condition of the standard agreement was one-sided i.e. the agreement was determined by PJTKI. While the labors from the TKI party are need only to side the agreement presents by the P JTKI without giving them auchance to bargain about the agreement's conditions. The rights and obligations of both parties were formulated through a standard agreement. The formulation of the rights and of obligations are not in accordance with the principles of equity and equality which being one sided might give rise to a juridical or sociological consequences in the Indonesian labour force. The agreement between PJTKI and TKI played a role in providing both sides with law protection and certainty. The agreement was implemented perfectly, when both parties met their achievement well in conformity to the agreement. The party which breached to the agreement could be claimed by the damaged party thereof. To be the positiveness of law it is necessary suggested to the exist of rules the regulate explicitly the problem of the law protection between P JTKI with TKI so that PJTKI and TKI have guarantee of the rules.