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DISKREPANSI PENGUASAAN TANPA HAK ATAS IJAZAH PEKERJA DI UD SENTOSA SEAL SURABAYA
The practice of employers retaining workers’ educational certificates remains prevalent in employment relations, despite being normatively prohibited by statutory regulations, particularly Regional Regulation of East Java Province Number 8 of 2016 on the Implementation of Manpower. Educational certificates, as personal documents with inherent individual value, may not be used as collateral nor retained without a lawful basis. However, in employment practices, including the case of UD Sentosa Seal Surabaya, workers’ certificates continue to be retained by employers and even maintained after the termination of employment relationships. This condition reflects a discrepancy between the prevailing legal norms (das sollen) and the reality of practice in the field (das sein), which directly results in the violation of workers’ subjective rights. This research aims to analyze the factors contributing to the persistence of unlawful retention of workers’ educational certificates despite the existence of normative prohibitions, as well as to examine the forms of legal protection that can be afforded to workers who suffer losses as a result of such practices. The research employs a socio-legal method with an empirical juridical approach. Data were collected through library research on relevant laws and regulations, as well as field research in the form of interviews with manpower authorities, legal practitioners, and related parties, along with document review concerning cases of certificate retention at UD Sentosa Seal Surabaya. The findings indicate that the unlawful retention of workers’ educational certificates continues due to weak effectiveness of law enforcement, inadequate labor supervision, imbalance in bargaining positions between workers and employers, and a permissive legal culture toward violations. From a juridical perspective, the retention of educational certificates by employers cannot be justified either as a right of retention (recht van retentie) or under the concept of possession (bezit), and therefore may be classified as an unlawful act. Legal protection for workers has thus far predominantly been pursued through non-civil repressive mechanisms, which have not fully restored the losses suffered by workers. Accordingly, this research emphasizes the importance of optimizing civil legal protection through claims for unlawful acts based on Article 1365 of the Indonesian Civil Code as a means of restoring workers’ rights.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040002 Muhammad Syarof Fawwaz
DISKREPANSI PENGUASAAN TANPA HAK ATAS IJAZAH PEKERJA DI UD SENTOSA SEAL SURABAYA (Text)
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