Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 19
DOI : 10.36418/jrssem.v1i1.2 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
INTRODUCTION
Every citizen, both Indonesian citizen
and foreign citizen, has the right to obtain
protection. While the state is obliged to
provide protection for every citizen. As
stated in Article 27 paragraph (1) of the
1954 Constitution, it is explained that every
citizen has the right to obtain legal
protection. In addition to this article, in the
preamble to the 1945 Constitution, it has
also been stated that the state will protect
the entire Indonesian nation and all of
Indonesia's bloodshed.Where the sentence
is stated in paragraph 4 of the opening of
the 1945 Constitution. (R. Indonesia, 2002)
According to Sahya Anggara, legal
protection is an action taken to fulfill
harmonization, balance, justice for legal
subjects in obtaining their rights and
carrying out the obligations imposed on
them. In other words, legal protection is an
effort to fulfill legal relations. (Anggara,
2018)
According to Philipus M Hadjon, legal
protection is the protection of dignity and
worth, as well as the recognition of human
rights possessed by legal subjects based on
legal provisions from arbitrariness or any
collection of rules or rules that can protect
one thing from another.(Philipus, 1987)
According to Muchsin, legal protection
is an activity to protect individuals by
harmonizing the relationship of values or
rules that are manifested in attitudes and
actions in creating order. Legal protection
is something that protects legal subjects
through applicable laws and regulations
and enforced its implementation by
providing a sanction if it is not
implemented. (Muchsin, 2003)
From the above description it can be
concluded that legal protection is all efforts
to fulfill the rights and obligations of legal
subjects based on legal provisions. .
According to Muhsin, legal protection can
be divided into two, namely:
1. Preventive Legal Protection
Protection given to prevent before the
occurrence of violations. This is
contained in laws and regulations with
the aim of preventing a violation from
occurring and providing signs or
limitations in carrying out an obligation.
2. Repressive
Repressive legal protection is the
final protection in the form of sanctions
given if a dispute has occurred or a
violation has been committed.
Talking about legal protection, a
worker also has the right to obtain
protection. Labor law protection is all the
fulfillment of rights and obligations
between the government, employers, and
employees or subordinates by copyright
law (Suwiryo, 2017). Legal protection for
workers is a manifestation of efforts to
promote public welfare.
Protection for workers themselves is
contained in Article 1 letter d of Law No. 13
of 2003 concerning Manpower, it is
explained that "protection of workers is
intended to guarantee the basic rights of
workers/laborers and guarantee equal
employment opportunities and treatment
without discrimination on any basis to
realize the welfare of workers/laborers and
their families while taking into account the
development of the progress of the business
world.” From the article above, it can
strengthen the principle that workers have
the right to protection (Undang-undang