The Legal Position of the Security Unit in the Perspective of Labor Law

Rechtsidee Pub Date : 2022-12-27 DOI:10.21070/jihr.v11i0.791
Pribampudi Teguh, Mustakim
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Abstract

The security unit (Satpam) is actually an independent security unit that carries out police duties in a certain environment.  This study aims to examine the legal position of security guards in relation to labor law aspects. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal position of a security guard in employment law is that in terms of duties and authorities, a security guard actually carries out the duties of the police, but in terms of rights and obligations in general, such as those related to wages, leave, overtime and so on, they should be based on labor provisions as stipulated in the Labor Law and the Job Creation Law. Regarding the guarantee of employment rights for security guards in the perspective of labor law based on the principle of ejusdem generis in general it can be equated with rights for workers in general, such as: the right to adequate wages, the right to leave, the right to health insurance, the right to severance pay, as well as the right to legal protection. However, there are rights that need to get special arrangements related to security guards in their position as special workers such as the right to associate and assemble which need to be further regulated through government regulations and presidential regulations which contain: the position of independent security guards, especially security guards, rights and obligations, as well as efforts and legal mechanisms.
劳动法视野中保障单位的法律地位
安全部队(Satpam)实际上是一个独立的安全部队,在特定环境中执行警察职责。本研究旨在考察保安在劳动法方面的法律地位。本研究是一项具有概念和法定方法的规范性法律研究。研究结果证实,保安在就业法中的法律地位是,就职责和权限而言,保安实际上履行警察的职责,但就一般权利和义务而言,如与工资、休假、加班等有关的权利和义务,它们应该以《劳动法》和《创造就业法》中规定的劳动条款为基础。关于从劳动法的角度保障保安的就业权利,基于一般平等原则,它可以等同于工人的一般权利,如:获得适当工资的权利、休假的权利、健康保险的权利、遣散费的权利以及获得法律保护的权利。然而,有一些权利需要得到与保安作为特殊工作者的地位有关的特殊安排,例如结社和集会的权利,这些权利需要通过政府条例和总统条例加以进一步规范,其中包括:独立保安的地位,特别是保安,权利和义务,以及努力和法律机制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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