PENERAPAN PASAL 90 AYAT (4) UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN BAGI HAK PENGEMUDI BUS ANTAR PROPINSI TERKAIT JAM KERJA BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Susanto, Doel (2018) PENERAPAN PASAL 90 AYAT (4) UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN BAGI HAK PENGEMUDI BUS ANTAR PROPINSI TERKAIT JAM KERJA BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN. Undergraduate thesis, Universitas Katolik Darma Cendika Fakultas Hukum.

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Abstract

This study discusses the application of bus driver working time between provinces as regulated in Article 90 Paragraph (4) of Law Number 22 Year 2009 on Traffic and Road Transportation. The research method used is the normative study of library materials relevant to the research with qualitative descriptive method. Related to the working time of the bus driver as implied by Article 90 paragraph (4) of Law Number 22 Year 2009 on Traffic and Road Transport, not in sync with Law Number 13 Year 2003 concerning Manpower because based on lex specialis derogat legi generali , the status of the inter-rovincial bus company as the type of work engaged in the business sector or certain occupations and types, the nature of work carried out continuously, so that the scope of working time regulation is regulated in Law Number 22 Year 2009 on Traffic and Road Transport. This has an impact on wages earned by bus drivers in the form of basic wages and overtime pay. In addition, bus drivers are also potentially affected by musculoskeletal complaints that may affect the concentration and psychological conditions of bus drivers. The facts show that the government has not specifically regulated the provisions of overtime drivers' wages, so that by Article 91 paragraph (1) of Law Number 13 Year 2003 concerning Manpower and Article 12 of Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number KEP. 102 / MEN / VI / 2004 concerning Overtime and Working Overtime are left to the company to regulate overtime pay. This has the potential for violations in the payment of overtime wages, so a regulation that specifically regulates the bus driver's overtime wages. Although the existing laws and regulations provide space for bus drivers to be able to fight for rights in litigation. Given the status of bus drivers in companies supported by the absence of special regulations regulating overtime wages, police investigators have difficulties in determining the articles for violations committed by employers.

Item Type:

Thesis (Undergraduate)

Contributors: