Pilihan Hukum dalam Perjanjian Kerja Internasional (Studi Kasus terhadap Beberapa Putusan Peradilan Indonesia)

Abstract

The decision of High Court Registered number 1537 K/Pdt/1989 year 1991 containing of concerned considerations with choice of which interest to be law in the labour agreement case with foreign element. The research toward the case is interesting to be done because in it's decision, the High Court has proposed considerations regarding "choice of law" which was revealed apposite to either yurisprudence or doctrine of the yurists in generally. In it's decision, the High Court has neglected the limitation toward the choice of law concern with Labour Law. The deviated decision of High Court enable to the existing the uncertainty of law. This condition rising problems: what is the Law Characteristic of the International Labour agreement and what is the High Court agreement concern with the principle of choice of law in International Labour Contract. To solve the problems above than perform the analytical descriptive research with normative method.

 Result of the research: 1. The International Labour Agreement has freely characteristic to make contract which is limited by Indonesian Labour Law Regulation. 2. Each work relations which are exist by the work agreement either have foreign element or not, are protected by Indonesian Labour Agreement. 3. Yurisprudence and the law regulation already adhere that the choice of law was not allowed in labour Law. 4. The High Court argument are various concerning of the choice of law in International Labour Agreement, and is not always follow the jurists doctrine.