Implementation of Working Contract with Degree Certificate as a

Collateral Related to the Freedom of Contract Principles and Human

Rights

Nin Yasmine Lisasih

, Suryanti T. Arief

, Henry Arianto

and Fitria Olivia

Law Faculty, Esa Unggul University, Jl. Arjuna Kebon Jeruk Jakarta Barat

Keywords: Work Contract, Collateral, Freedom of Contract, Human Rights.

Abstract: This research examines the issues related to the detention of degree certificate as collateral by the employer

who provides the consequence that the employee cannot get the better jobs. The powerful position of the

employer from the economical side provides the outcome for the contract characteristic as a standard

contract and as well as its model as a vertical contract. This research will examine how the contract should

be, that provides the equilibrium principle for both parties. From the results of the study, the authors will find

that the previous researchers "mostly examined legal protection for workers who were detained by their

degree certificate, and never examined their roots, namely the basic rights of workers who were violated in

detention of degree certificate and the basic principles of contract violated, so that the implementation of

work ties by using a degree certificate as a collateral by examining its relation to the principle of freedom of

contract and human rights have never been done before " The methodology is normative juridical of which

the result of this research is the problem is not regulated whilst there are some cases reported. The result

showed that the principle of freedom of contract which is implemented in the form of a standard contract and

there is no supervision from the government. Therefore, in the case of work bond with degree certificate as

collateral, the impact of loss for the workers, where there is a violation of Human Rights of the workers.

1 INTRODUCTION

The phenomenon of degree certificate’s detention is

a matter that can not be tolerated by its existence in

the working contract, either in private company or a

government institution. When an applicant is

accepted for work by a company, sometimes the

company requires the holding of a degree certificate

for a certain period. Regarding the principle of

freedom of contract as stipulated in Article 1338

paragraph (1) of the Civil Code, of course, the

detention of such degree certificate is allowed. This

is because basically according to the principle of

freedom of contract, the covenant-makers are free to

arrange anything in the agreement provided that by

its nature it is required by propriety, custom or law.

The terms of the working contract with the

detention of this degree certificate are often

encountered in various job vacancies either through

the internet or in newspapers, both job vacancies for

private companies and government agencies. There

is no academic research found on the detention of

degree certificate by the company. However, the

writer found articles in the newspaper,and electronic

media, which conclude the detention of degree

certificate by companies is a violation of human

rights and the law.

Several violation cases occurred. In Palembang -

Indonesia, the case of PT. Indomarco Prisma Tama

(Indomaret) holds the employee’s degree certificate

and ex-employee’s degree certificate. This case

received the spotlight from Palembang city

government officials, where the Head of Palembang

Labor Department said based on Law number 13 of

2013 there are no rules that allow companies to hold

their employee’s degree certificate. It is even said

that the policy violates the employee's human right

to find the best job.

The practice of detention of this degree

certificate also happens in Yogyakarta. According

to the Head of the Private Ombudsman Institution

(LOS) of Yogyakarta Special Region (DIY), there

are some workers from several companies in

Yogyakarta who reported cases of injustice that

occurred in the employment relationship between

workers and employers to LOS. The case examples

occurred in five employees of a leading Internet

service provider in Yogyakarta. In the employment

agreement, it is stipulated that the final graduation

certificate of the employee is submitted to the

Yasmine Lisasih, N., T. Arief, S., Arianto, H. and Olivia, F.

Implementation of Working Contract with Degree Certiﬁcate as a Collateral Related to the Freedom of Contract Principles and Human Rights.

DOI: 10.5220/0009950826932700

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 2693-2700

ISBN: 978-989-758-458-9

2693

company as collateral for the cooperation to be

returned if the agreement expires. Workers are also

required to pay a fine of Rp 6 million (six million

rupiahs) and are required to return all compensation

received if they cancel the agreement by resigning

before the term of the agreement expires

The practice of detention this degree certificate

also occurs in Banten. Many retailers in Serang City

allegedly do the practice of detention of degree

certificate. They hold the worker's degree certificate

as one of the conditions of employment. They argue

as a guarantee when something bad happens.

Generally, this practice is mostly done by retail

companies. Not only in Serang City, this practice is

also suspected to occur in other cities in Indonesia.

The findings were submitted by Commission II of

Serang City DPRD (Regional People's

Representative Assembly).

The detention of degree certificate certainly

benefits the interests of the employer as an

employer. In the context of the agreement, the issue

is whether the custodial certificate is an act of

obligation in the Civil Code which may occur if a

party denies the content of the agreement.

The working contract is the most important legal

basis of employment. It can serve as a protection of

interest, juridical grip and legal certainty for the

Employee as well as the Proponent. (Koko Kosidin,

1999) Besides, it is also the initial juridical guidance

and also the final juridical reference of the legal

subjects involved in it if there will be a dispute

within the execution of work (Lanny Ramli, 2001).

The purpose of the contract is to regulate the

legal relationship and give born to a set of rights and

obligations. The agreement proves that the legal

relationship of the parties is a legal fact. Work

relationships are the activities of mobilization of

personnel/services a person regularly for the benefit

of others who govern (employers/employers) by an

agreement that has been agreed (Hartono,

Judiantoro, 1992

The working contract must be made in writing.

This is because some forms of labor agreements

exclude the principle of consensuality, namely a

treaty required by employment law must be held in

writing (Hidayat Muharam, 2006). The Law of the

Republic of Indonesia Number 13 of 2003 about

Labor stipulates the working agreement and Article

51 paragraph (2) of Labor Law require that the

employment agreement is made in writing and

executed by applicable laws and regulations.

According to the article, if in the working

contract made a rule that is not appropriate or not

regulated in the applicable laws and regulations then

the rules in the working contract need to be studied

further. The issue of detention of degree certificate

in the relation of working contract between the

Employer and the Employee has not been regulated

in Law number 13 of 2013 so that the problem of

detention of degree certificate can be briefly

assumed to be contradictory to Article 51 paragraph

(2) of Law number 13 of 2013.

Other issues in the detention of this degree

certificate are the requirement of detention of the

degree certificate is not specified in the employment

contract. If included then the next problem is the

working contract is generally in the form of a

standard contract that is only made unilaterally so

that no opportunity for workers to negotiate in the

standard work contract. Standard contracts are made

wherever possible to optimize contracts, especially

those that focus on the company's interests

(Christina Maria Vogerl, 2007).

If within the period of the employment contract

the worker in the bond is uncomfortable in

performing his / her work, surely the detention of

this degree certificate may be categorized as the

implementation of the principle of freedom of

contract which exceeds the limit to violate the

human rights of the Employee. The Government

itself regulates such human rights provisions in the

provisions of public law. So it can be seen that in

labor law there is a conflict between public law and

private law. On one side of the contract should be

implemented as the implementation of the principle

of pactasuntservanda, but on the other hand, the

government must also guarantee the rights of

workers by the provisions of human rights

enforcement.

Human rights are the rights that are owned by all

people at all times and in all places because human

beings are born as human beings. These rights

include the right to life, freedom and wealth as

proposed by John Locke. Recognition is not required

for human rights, either from the government or a

legal system, because human rights are universal.

For this reason, the source of human rights comes

solely from humans. (Todung Mulya Lubis, 1993).

This universal freedom of human rights applies to all

human rights including workers' rights.

The heterogeneous and autonomous law is the

result of public and civil law aspects of employment

relations. Thus the labor law can be said to be dual,

on the one hand, is a public law, and on the one hand

is also the nature of civil law. Half people say labor

law is no longer privaatrechtelijk (civil matter), but

publiekrechtelijk (public law) (Imam Supomo,

2003).

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Employers often misuse the absence of

regulatory matters in the legislation. For example,

even if the Employee applies to quit his job but his

degree certificate remains in custody until the

contract expires. This necessarily results in the

person in the position will be uncertain in his work

so that it is contrary to Article 27 paragraph (2) of

the 1945 Constitution which states that everyone is

entitled to a decent living and work.

Another problem is whether in this case the

government can interfere with or tolerate the

existence of the degree certificate’s detention so that

the welfare of the citizens is fulfilled and there is no

human rights violation. Also, there are roles from

institutions such as the National Commission on

Human Rights, the Labor and Transmigration Office

and the Trade Union in addressing this issue.

With the conduct of this study, it is hoped that

the results of this study will be contributing, among

others: First, contribution to knowledge which is a

contribution to the problem by analyzing problems

that occur in the perspective of freedom of contract

and human rights; Second, contributions to the

government, it is expected that the government can

draft legislation that explicitly regulates the

detention of a degree certificate in a working bond

so that there is no violation in the employment bond;

Third, contribution to the society, it is expected that

the society will understand how the detention of a

degree certificate is legally permissible or not.

2 METHODS

The method of research used in this study is

normative juridical, namely legal research conducted

by examining the literature (Soerdjono Soekamto

and Sri Mamudji, 1985). This method is used

considering the problems studied revolve around the

relationship of legislation to each other and equipped

with legal theories and practice of diploma detention

in the relationship of work bonds between employers

and workers. Approach method used in this research

is a method of approach of Act (statute approach).

The law approach is carried out by reviewing all

laws and regulations relating to the legal issues

being addressed (Peter Mahmud Marzuki, 2006).

Data collection techniques in this study are through

literature study to obtain secondary data in the form

of laws, decisions, and other legal materials and

tertiary data by researching Sub-Office of Labor and

Transmigration of North Jakarta Municipality. Field

data collection is used only to complement this

normative study.

(58.8%), laptop by 9 students (17.6%), Ipad by

6 students (11.8%), DVD Player by 3 students

(5.9%),

3 DISCUSSION

3.1 Implementation of Freedom of

Contract Principle in Working

Bond with a Degree Certificate as a

Collateral

In the context of the legalagreement,several

important principles must be considered by the

parties in making agreements, namely the principle

of consensualism, the principle of freedom of

contract, the principle of personality, the principle of

pactasuntservanda, and the principle of good faith

(Abdulkadir Muhammad, 2000). These principles

are the basis of the will of the parties in achieving

their goals. However, this paper will only focus on

the principle of freedom of contract as a basis for

making work agreements between employers and

workers.

The meaning of freedom of contract is that

everyone is free to determine with whom he will

agree, free to determine the form and content of the

agreement and free to choose law (Taufiq El

Rahman, 2011). The principle of freedom of contract

indicates that there needs to be a bargaining position

between the parties. In the context of employment

agreements, the principle of freedom of contract

prevents the possibility of workers being treated the

same as commodities, because by giving workers the

opportunity to vote, this principle means in

accordance with the principle of respect for the

dignity, freedom and equality of workers as citizens

(Hugh Collins, 2003). In its development, this

principle appears to be a new paradigm in contract

law that leads to unrestricted freedom of contract

(Lammy Betten, 1995).

Countries that have the Common Law legal

system know the freedom of contracting with the

terms Freedom of Contract or laisseizfaire.

Formulated by Jessel M.R. in the case of "Printing

and Numerical Registering Co. Vs. Samson: “Men

of full age understanding shall have the utmost

liberty of contracting, and that contracts which are

freely and voluntarily entered into shall be held and

enforced by the courts…… you are not lightly to

interfere with this freedom of contract” (Jessel,

1993).

Implementation of Working Contract with Degree Certiﬁcate as a Collateral Related to the Freedom of Contract Principles and Human

Rights

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The implementation of the principle of

consensualism according to the Indonesian

agreement law solidifies the principle of freedom of

contract. Without agreeing from one of the parties

agreeing, without agreeing the agreement can be

cancelled. This principle provides information that

an agreement has basically existed since the

agreement was reached between the parties to the

agreement. The principle of consensualism

contained in Article 1320 of the Civil Code implies

the willingness of the parties to bind themselves and

this will to raise the belief that the agreement will be

fulfilled.

The principle of consensualism relates to the

born of a covenant. Consensualism implies that the

agreement occurs because of a free agreement or

will from the parties agreeing on the content or

subject matter of the agreement. (Wiryono

Projodikoro, 1992). Article 1338 Paragraph (1) of

the Civil Code states that: "All legally-made

agreements act as laws for those who make them".

In the article is found the principle of consensualism

contained in the word "... legallymade agreement..."

which refers to article 1320 Civil Code, especially in

paragraph (1) that they agree to bind himself.

With the principle of consensualism, it means

that the agreement was born at the time the

agreement was reached from the parties who agreed

to bind themselves. In an obligatory agreement, the

agreement made has been binding on the parties.

This principle of consensualism then influences the

form of agreement, namely by the existence of

consensualism, the agreement was born or formed at

the time the agreement was reached between the

parties so that there was no need for another form of

formality. As a result, the agreement that occurs

because the agreement is a free agreement so that it

can be oral or written.

Based on an interview at Sub-Office of Labor

and Transmigration of North Jakarta Municipality,

in the conduct of employment relations, the

construction of this law in which degree certificate

are used as collateral in employment bonds

continues to operate in the practice of employment

relations. Such legal construction makes the

Procuring Entity have the right to make provision of

degree certificate detention as work security. This

can be seen with the reports related to the detention

of the certificate in the office of the Sub-Office of

Labor and Transmigration of North Jakarta

Municipality.

The legal relationship between Workers and

Employers in their implementation is essentially

unbalanced. This means that the Employee's

obligations are more than the Procuring Entity. In

such a working relationship between Worker and

Employer is sub-ordination (vertical relationship).

This is in contrast to the legal relationship in general

in a general co-ordination engagement (horizontal

relationship) (Aloysius Uwiyono, 2014).

As a treaty that has special characteristics, the

employment agreement in principle is an agreement.

Therefore, as far as the general provisions are

concerned, such as on the terms of the validity of the

agreement, the subject and the object of the

agreement. Similarly to the terms of the validity of

the agreement, the conditions for the validity of the

employment agreement are mutual agreement, the

ability or the ability of the parties to perform legal

acts, the existence of the contracted work, and the

contracted work is not contrary to public order,

morality, and legislation applicable (Article 1320 jo

1338 jo 1339 Civil Code). If there are unfulfilled

requirements, the consequences may be cancelled

(for subjective terms) or null and void (objective

terms) (Aloysius Uwiyono, 2014).

A work agreement is a dovish contract because

the parties can not determine their intention in the

agreement. Freedom of contract in such employment

agreements has made a distinction between the

positions of the parties entering into a contract of

employment, causing the parties to not determine

their intention in the agreement, especially the

Beneficiary. The parties in such employment ties are

subject to the provisions of labor law as lex

specialists of the treaty in general (Aloysius

Uwiyono, 2014).

This condition is harmful and violates the

principle of freedom of contract even though it has

been agreed by the parties. In modern contract law

theory there has been a classical paradigm shift

towards the modern paradigm which is mentioned

by Atiyah: "Pacta suntservanda is not really a rule

on its own, but is merely a reflection of the nature of

a contractual obligation. The problem is to decide

when the rules of admittance of exceptions ".

3.2 The Role of Government in the

Working Bond with Degree

Certificate as a Collateral

The role of the government in providing legal

protection to the Employee is more to provide

facilitation in the event of a dispute between the

Employee and the Employer. In this research, if

there is a dispute between the Employee and the

Employer related to the detention of the diploma,

then the normative government provides an

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opportunity for both parties to resolve the dispute in

Bipartite. If there is no common ground, the

Employee may record the matter to the Employment

Authority in his / her territory according to the

location of the workplace. The Employment

Agencies may call the disputing parties to facilitate

the settlement of the issue of their degree certificate

detention through mediation.

The role of the government in providing legal

protection in labor agreements is a State intervention

over the possibility of exploitation of the Employer

as a strong economic party to the Employee as a

weak economic party. Protection by States is

generally contained in public statutory legislation, as

a compelling restriction on the principle of freedom

of contract adopted by liberal States. Government

intervention in the principle of freedom of contract

according to law expert M.G. Levenbach also S.

Mok is an emergency exception (Aloysius Uwiyono,

2014).

Thus the public does not see again that the

Employee and the Employer in the employment

agreement are not equal partners but indeed an equal

partnership. The nature of public law in the

employment relationship provides the State's role to

intervene by imposing sanctions on those who are

obliged to enforce the provisions of the legislation.

Regarding the role of this government in the

implementation of employment, in general, will be

very dilemmatic. On the one hand, whether the

government should have a very dominant role in

determining the Corporatist Model or the

government should reduce its dominant role in

facing the effects of globalization (Aloysius

Uwiyono, 2006).

In the context of the employment agreement as

the standard contract, in Article 18 paragraph (1) of

the Consumer Protection Law, the Government has

made a prohibition on a standard contract. The

restrictions are limitative: (1) The transfer of

responsibility of the business actor, (2) The business

actor refuses to hand over the goods, (3) the business

actor refuses to refund the consumer's money, (4) the

granting of authorization from the consumer to the

business actor on the goods purchased with (7)

Declare that consumers are subject to the

arrangement of unilaterally made clause changes, (8)

Providing power to business actors by consumers to

impose warranties on items purchased by

instalments.

In the context of an employment agreement that

refers to the principle of freedom of contract, as

stated by Treitel, restrictions must be exercised to

suppress the abuse caused by the principle of

freedom of contract, and also for the public interest.

So there is no absolute freedom of contract. The

Government may, in this case, arrange or prohibit a

contract which may adversely affect or harm the

public interest.

3.3 The Degree Certificate is Not the

Object of Civil Warranty Law in

the Context of a Degree

Certificate as collateral of contract implementation,

the first problem is that the degree certificate is not a

material right that can be transferred or used as

collateral. So it can not be executed which means

there is no use economically for the party given the

guarantee. Secondly, the term of guarantee relates to

debt problems in Indonesian Legal Law, while the

certificate as a guarantee of contract implementation

is related to work bond law problem instead of the

debt agreement. So the legal construction of the

certificate holder in the bond of work does not

provide economic benefits for the Employer but

gives the effect of loss both moral and material loss

for the Employee.

The government should regulate the issue of

guarantee of the execution of this contract as it

concerns the rights of the Employee. Substantively

the rights of the Employees who are pledged can be

very wide if not regulated. An employer may freely

determine the right of rights be guaranteed.

Consequently, the rights whose substance is the

Human Rights of the Employee will be injured or

violated by the principle of freedom of contract.

According to the Researcher, as outlined in Article 8

of Law number 10 of 2004, is a human rights

material that must be regulated by law.

3.4 The Standard Contract in the

Employment Agreement Does Not

Provide Justice Rights

In the context of the theory of justice for freedom of

contract in the execution of the contract of labor

relations, as Rawls says, the situation of inequality

must be given such a rule that it is most beneficial to

the weakest. Furthermore, John Rawls asserted that a

democratic justice enforcement program should pay

attention to two principles of justice, first, giving

equal rights and opportunities to the widest freedom

of the broadest extent of equal freedom for

everyone, and secondly, being able to reorganize the

socio-economic disparities that happens so as to

provide reciprocal benefits for everyone, whether

those from lucky or disadvantaged groups.

Implementation of Working Contract with Degree Certiﬁcate as a Collateral Related to the Freedom of Contract Principles and Human

Rights

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Here the role of government in the opinion of the

Researcher is needed to provide justice for the

Employees who fall into the category of the weak

group of society. Government funding can be

improved through regulatory and institutional

aspects. So it will protect the Rights of Employees

who have not been poured or not yet regulated in the

legislation, in this case, is the law of employment.

3.5 Protection of Human Rights for

Workers in Working Bond with a

Degree Certificate of Collateral

Based on an interview at Sub-Office of Labor and

Transmigration of North Jakarta Municipality, in the

context of human rights, the detention of degree

certificate has become a problem for the rights of the

workers as the Workers Enforced by the Employer.

In the implementation, there have been complaints

and reports of several workers at the Office of Labor

and Transmigration Office of North Jakarta

Municipality.

In the case of degree certificate’s detention, in a

study at the Office of Labor and Transmigration

Office of North Jakarta Municipality, it is found that

there is no regulation of diploma detention in Law

number 13 of 2003 there is also no regulation in the

labor regulations related to the detention of

diplomas. So that the government does not make

normative requirements of custodial

detention.Protectiongiven by the government in this

case that the government controls the contract or

work agreements that must refer to Law number 13

of 2003 and Ministerial Decree number 100 of 2004

on Implementation of Working Agreement of

Certain Time.

In labor law, the general principle of protection

for workers according to Imam Soepomo is

categorized into three categories: (1) economic

protection, in the form of efforts to provide

sufficient income for workers to meet the daily

needs of workers and their families, (2) protection

social, ie community-driven efforts for workers to be

able to grow and develop their livelihoods as human

beings in general as well as members of family and

society, and (3) technical protection that seeks to

prevent workers from the danger of accidents which

can be caused by tools, tools, aircraft, machinery or

other work tools, or materials that are processed and

worked by workers in the company (Imam Supomo,

2003).

From legal provisions stemming from the

autonomous rules of workers' protection can indeed

and openly be stipulated in employment agreements,

collective bargaining agreements between trade

unions and companies. This is because the system in

the treaty law itself is an open system. In

government heteronomic rules, the rights of the

Employee as part of the substance of human rights

can be implemented in the labor legislation

regulations.

However, in the opinion of the Researcher, the

rights of the Employee who are the substance of

human rights in the view of natural rights theory

(natural rights theory) are not written in the rules, or

in other words have not been positive. Examples of

this are the loss of rights or violations of the rights of

the Employee due to the detention of the degree

certificate by the Employer as job security. This

limits the rights of the Employees to get a better job.

Since this substance has not been positively

regulated, it consequently opens opportunities for

the Employer to violate the Human Rights of the

Beneficiary.

3.6 Arrangement of Ban of Degree

Certificate's Detention as a

Collateral

In the opinion of the Researcher, the Government

shall regulate the prohibition of the granting of the

Workers' Acceptance certificate by the Employer as

collateral for employment. The arrangement must be

in the form of law. So even if based on an agreement

with the principle of freedom of contract, the

employment agreement made with the standard

contract form would be null and void because it is

against the law. This refers to Article 1339 of the

Civil Code.

At various levels and the environment of human

rights violations can occur by the level or

environment. The higher the position of one party

the greater the opportunity to commit human rights

violations against the other party. However, this

does not mean that those who can commit human

rights violations are those who have certain powers.

Ordinary people can also commit human rights

violations if their actions are clearly contrary to the

dignity of humanity (Richard Bennet, 2000).

It is acknowledged that the wider power held by

one party will tend to be more wide open to human

rights violations. Moreover, if the violated party does

not have a bargaining position in balance with the

offending party, so in the end that owned power is

more open opportunities for human rights violations.

Power here does not merely refer to the power of

government, but also other forms of power existing

in society, including within an employer company.

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Therefore, in Article 8 of Law number 10 of

2004, mention human rights as content material that

must be regulated by law (Maria Farida Indrati,

2007). Based on this case, according to researchers,

the government should regulate the issue of

detention of diplomas in relation to these work

bonds in the rules of labour legislation.

The role of the government to raise the issue of

detention of degree certificate of Employees by

Employers in the context that must be implemented

in the perspective of the Welfare State. The welfare

of the state is focused on the implementation of an

institutionalized social protection system for

everyone as a reflection of the right of citizenship on

the one hand and on the other the state obligation. So

as to maintain and improve the well-being of the

citizens fairly and sustainably.

In the context of protecting the Employees

whose rights to obtain a better job, the Government

shall exercise control over the implementation of the

employment agreement. In the opinion of the

Researcher, the right of the Employees to get a

better job so as to obtain a more prosperous

condition socially constitutes the human rights

material which must be regulated in the law as

stipulated in Article 8 of Law number 10 of 2004.

Thus, the Employer which makes the

employment agreement in the standard form, in

which the clause of detention of degree certificate as

job security is a violation of human rights. The

standard contract is null and void by reference to

Article 1339 of the Civil Code. The prohibition of

making a degree certificate as employment collateral

between the Employer and the Employee in law will

provide a basis for the Government to exercise

control over the implementation of the employment

agreement.

4 CONCLUSION

The implementation of the principle of freedom of

contract in the bond of employment in its

implementation is still a vertical relationship in

which the Employer has a stronger position than the

Employees. This refers to the principle of freedom

of contract which is implemented in the form of a

standard contract and no supervision. Therefore, in

the case of work bond with degree certificate as

collateral, the impact of loss for the Employee,

where there is a violation of Human Rights of the

Employee. It is based on the theory of natural rights

theory that there are rights of the Employees who are

part of the human rights that are not written in a

positive manner in the law which is violated by the

Employer. The government also can not perform its

functions to provide welfare, justice equitably and

equitably, because the prohibition has not been made

to make diplomas as job security, which according

to John Rawls's theory of justice, the situation of

inequality between the Employer and the Employee

must be given such a rule that which is most

beneficial for the weakest group of people.

The withholding of the Workers' Degree

Certificate by the Employer shall result in a

violation of the rights of the Employee. The non-

acceptance of the Employee due to the imposition of

a degree certificate by the Employer constitutes a

violation of the Employee's Rights, namely to

withhold the right of the Employee to obtain a better

job and more prosperous life. Because this matter is

a substance of human rights, then he is included in

the substance that must be regulated in the form of

law. In this case, it is part of the labor law.

ACKNOWLEDGEMENTS

The research was supported by Law Faculty, Esa

Unggul University.

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