Asas Itikad Baik dalam Perjanjian Kerja Bersama Antara Pengusaha dengan Serikat Pekerja di Tinjau dari Hukum Perjanjian

Abstract

In industrial world, the company needs worker to result product in the company. Every worker needs legal protection so that can protect worker from injustice is done by the company and so that life of worker can more prosperous. The legal protection is made by government in shape of PKB which is represented by labor union. In PT. United Rope, company didn’t discuss to made PKB which PKB has expired 8 years ago. Coorporation agreement is made to based on principle of good intention in accordance with article 1338 clause (3) Civil Law. With there is the article so appear the problem in the agreement that is how position of principle of good intention in PKB between businessmen with labor union, how legal result of PKB between businessmen with labor union which don’t use principle of good intention and what is legal effort can be done in dispute resolution if there is’t good intention in PKB between businessmen with labor union. This method type of research is normative legal research. Where approach method used is the approach legislation method with use primary legal object, secondary and tertiary. Documents are collected with literature research method and helped with direct interview method by related parts and analyzed qualitatively so that result descriptive document. Based on this research result can be concluded that good intention position in PKB is the highest position at pre manufacture stage (pre design) of contract is caused in legal practice contract of judge doesn’t use his authority to interfere the contents of contract. The legal effect can be gave by PT. United Rope which in PKB doesn’t contain the principle of good intention is that PKB doesn’t fill subjective good terms although objective can be requested cancellation by labor union. So the corporation agreement gives legal effect until cencellation is done. The legal effort can be done by PT. United Rope and labor union in dispute resolution if there isn’t principle of good intention in the corporation agreement is done first by deliberation or by non litigation/ outside industrial relations court that is bipartite solution, mediation, conciliation and arbitration, if doen’t find solution, PT. United Rope and labor union can do legal effort by litigation.