Hak Mogok: Sebuah Studi Kasus Tentang Justiacibility Hak-Hak Ekonomi, Sosial Dan Budaya

Abstract

The Following article discusses  the issue of labor,  in particular about the right to strike in Indonesia. The author arguing that the right to strike is a justiciable right. The acknowledgment  of the existence of  the right to strike has been clarified in several international and regional conventions on human rights. Even though Indonesia has been ratified the /LO Convention No 98 -  which explicitly acknowledge the right to strike as a justiciable right -  in the reality the application of the /LO Convention principals is very bad.  Since 25 March 2003, Act No.  13 of the year 2003 on matters pertaining on manpower has been put into force.  This act potentially triggers violations on several labor and labor union fundamental  rights, which legally and systematically happenned.  State,  again~ face two dillematic concepts: to give priority on protection  toward labor fundamental  rights or  to give priority to "economic development'