Tinjauan Yuridis Penahanan Ijazah Sebagai Jaminan Dalam Hubungan Kerja

Abstrak

Lately there have often been problems regarding work agreements, where in the work agreement there is a clause that imposes a burden on the worker, such as withholding a worker's certificate during the work contract. This occurs because the number of job seekers is not proportional to the job field and then the number of living necessities increases, this panic makes job seekers finally decide to accept the job offered in any form as long as the person concerned gets a job. This is understandable because Law Number 13 Year 2003 concerning Manpower and the Civil Code do not explicitly regulate the practice of holding employee diplomas.Until now, no one has regulated the law at the national level that regulates the detention of a certificate as a guarantee in an employment relationship. This creates a legal vacuum that is used by the company to provide binding employees, so that an employee cannot change workplaces before the end of the working period. This is actually not necessary because it is considered to violate or reduce workers' human rights. Actually in Article 62 of Law no. 13 of 2003 concerning Manpower, employees who work with PKWT and wish to resign before the end of the working period stipulated in the PKWT, are indeed required to pay compensation to the company in the amount of wages for the remaining term of the PKWT. However, the East Java Provincial Government has imposed a regulation prohibiting the detention of diplomas in Article 48 Article 42 of the East Java Regional Regulation No 8/2016.A company which in the recruitment of workers requires the delivery of a certificate as a guarantee of employment written in a document separate from the work agreement. Of course this is the basis of problems that must be resolved based on the law relating to these problems, in the Guarantee Law it is also said that securities cannot be used as collateral because they do not have an economic value as contained in a price letter such as land certificates, share certificates, bonds. , and others. Meanwhile, diplomas are included in the category of securities that have no economic value, so they cannot be used as collateral.Keyword: Diploma; Guarantee.