The Role Of The Agreement Between The Indonesian Manpower Services Company (PJTKI) And Indonesian Workers (TKI) In Medan City

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The Role of the Agreement between the Indonesian Manpower Services Company (PJTKI) and Indonesian Workers (TKI) in Medan City: A Study on Justice and Legal Certainty

Introduction

The Indonesian Labor Services Company (PJTKI) and the Indonesian Workers (TKI) have a significant agreement that plays a crucial role in the lives of migrant workers in Medan City. This agreement is a contract between the two parties that outlines the terms and conditions of employment, including the rights and obligations of both parties. However, the agreement has been criticized for being unfair and biased towards the employer, PJTKI. This study aims to examine the role of the agreement between PJTKI and TKI in Medan City, with a focus on three main problems: the form of the agreement, the rights and obligations of each party, and the role of the agreement on PJTKI and TKI.

Methodology

This study uses an analytic descriptive method with a sociological juridical approach. Data was collected through literature studies, interviews, and distribution of questionnaires to 6 PJTKI companies and 30 migrant workers as respondents. The study aims to provide an in-depth understanding of the agreement between PJTKI and TKI, its implications, and the potential consequences for migrant workers.

The Form of the Agreement

The agreement between PJTKI and TKI generally uses standard agreements, whose contents are determined unilaterally by PJTKI. TKI only signs an agreement without having the opportunity to negotiate on its conditions. This causes an imbalance in the formulation of rights and obligations, which has the potential to give birth to legal and social consequences for migrant workers.

The Problem with Standard Agreements

Standard agreements are often used by PJTKI as a template for all migrant workers. However, these agreements are not tailored to the specific needs and circumstances of each worker. As a result, migrant workers may be subjected to unfair and exploitative conditions, including low wages, long working hours, and poor working conditions.

Rights and Obligations

The rights and obligations of each party in the agreement are not clearly defined. PJTKI has the power to determine the terms and conditions of employment, while TKI has limited rights and obligations. This imbalance can lead to exploitation and abuse of migrant workers.

The Importance of Clear Rights and Obligations

Clear rights and obligations are essential for ensuring that both parties understand their responsibilities and obligations. This can help prevent disputes and conflicts, and promote a more positive and productive working relationship between PJTKI and TKI.

The Role of the Agreement

Despite the problems with the agreement, it still plays an important role in providing legal protection and certainty for both parties. The application of a good agreement will help guarantee the implementation of rights and obligations in accordance with the agreement.

The Importance of a Fair Agreement

A fair agreement is essential for promoting justice and equality in the workplace. It should provide clear rights and obligations for both parties, and ensure that migrant workers are treated with dignity and respect.

The Need for Stronger Regulations

To address the problems with the agreement, stronger regulations are needed. The regulation must explicitly regulate:

Form of Agreement: Encourages the use of a fair and balanced agreement, and prohibits the use of standard agreements that are detrimental to migrant workers. Rights and Obligations: Ensuring the rights and obligations of both parties are formulated fairly and transparently. TKI Capacity Development: Providing training and assistance for migrant workers so that they understand the rights and obligations in the agreement, as well as being able to negotiate more favorable conditions.

Conclusion

The agreement between PJTKI and TKI plays a crucial role in the lives of migrant workers in Medan City. However, the agreement has been criticized for being unfair and biased towards the employer, PJTKI. This study highlights the need for stronger regulations to address the problems with the agreement, and promote justice and equality in the workplace. By providing clear rights and obligations, and promoting a fair and balanced agreement, we can create a more just and sustainable relationship between PJTKI and TKI.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. Regulate the form of agreement: Encourage the use of a fair and balanced agreement, and prohibit the use of standard agreements that are detrimental to migrant workers.
  2. Ensure clear rights and obligations: Ensure that the rights and obligations of both parties are formulated fairly and transparently.
  3. Provide TKI capacity development: Provide training and assistance for migrant workers so that they understand the rights and obligations in the agreement, as well as being able to negotiate more favorable conditions.
  4. Monitor and enforce regulations: Establish a system to monitor and enforce regulations, and ensure that both parties comply with the agreement.

By implementing these recommendations, we can create a more just and sustainable relationship between PJTKI and TKI, and promote the rights and interests of migrant workers in Medan City.
Frequently Asked Questions (FAQs) about the Agreement between PJTKI and TKI in Medan City

Q: What is the agreement between PJTKI and TKI?

A: The agreement between PJTKI and TKI is a contract between the two parties that outlines the terms and conditions of employment, including the rights and obligations of both parties.

Q: What are the main problems with the agreement?

A: The main problems with the agreement are:

  1. Form of the agreement: The agreement is often in the form of a standard agreement, which is determined unilaterally by PJTKI.
  2. Rights and obligations: The rights and obligations of each party are not clearly defined, leading to an imbalance in the formulation of rights and obligations.
  3. Role of the agreement: The agreement plays an important role in providing legal protection and certainty for both parties, but it can also be used to exploit and abuse migrant workers.

Q: Why is the agreement unfair to migrant workers?

A: The agreement is unfair to migrant workers because it is often in the form of a standard agreement, which is determined unilaterally by PJTKI. This means that migrant workers have limited rights and obligations, and are often subjected to unfair and exploitative conditions.

Q: What are the consequences of an unfair agreement?

A: The consequences of an unfair agreement can be severe for migrant workers. They may be subjected to low wages, long working hours, and poor working conditions. They may also be denied their rights and benefits, and may be forced to work in hazardous conditions.

Q: What can be done to address the problems with the agreement?

A: To address the problems with the agreement, stronger regulations are needed. The regulation must explicitly regulate:

  1. Form of agreement: Encourages the use of a fair and balanced agreement, and prohibits the use of standard agreements that are detrimental to migrant workers.
  2. Rights and obligations: Ensuring the rights and obligations of both parties are formulated fairly and transparently.
  3. TKI capacity development: Providing training and assistance for migrant workers so that they understand the rights and obligations in the agreement, as well as being able to negotiate more favorable conditions.

Q: Why is it important to regulate the agreement?

A: Regulating the agreement is important because it can help to prevent exploitation and abuse of migrant workers. It can also help to promote a more positive and productive working relationship between PJTKI and TKI.

Q: What are the benefits of a fair agreement?

A: The benefits of a fair agreement include:

  1. Promoting justice and equality: A fair agreement can help to promote justice and equality in the workplace.
  2. Protecting migrant workers' rights: A fair agreement can help to protect migrant workers' rights and benefits.
  3. Improving working conditions: A fair agreement can help to improve working conditions for migrant workers.

Q: What can migrant workers do to protect their rights?

A: Migrant workers can protect their rights by:

  1. Understanding the agreement: Migrant workers should understand the terms and conditions of the agreement.
  2. Negotiating with PJTKI: Migrant workers should negotiate with PJTKI to ensure that their rights and benefits are protected.
  3. Seeking assistance: Migrant workers should seek assistance from relevant authorities if they are subjected to unfair or exploitative conditions.

Q: What can PJTKI do to promote a fair agreement?

A: PJTKI can promote a fair agreement by:

  1. Using fair and balanced agreements: PJTKI should use fair and balanced agreements that protect the rights and benefits of migrant workers.
  2. Providing training and assistance: PJTKI should provide training and assistance to migrant workers to help them understand their rights and obligations.
  3. Monitoring and enforcing regulations: PJTKI should monitor and enforce regulations to ensure that migrant workers are treated fairly and with dignity.