HARMONISASI NORMA KERJA INTERNASIONAL KE DALAM HUKUM KETENAGAKERJAAN INDONESIA: KAJIAN HUKUM NORMATIF

Abstrak

This study examines the issue of harmonization between international labor law norms, particularly the International Labor Organization (ILO) conventions ratified by Indonesia, and domestic labor regulations. The main problem is that Indonesia has ratified 26 ILO conventions, including all eight fundamental conventions, but there is a consistent gap between these international commitments and the actual legal conditions of labor. This study uses a normative legal research method  with a statute approach,  a comparative approach, and a historical approach. Primary legal materials include ratified ILO conventions, Law No. 13 of 2003 on Manpower, and Law No. 6 of 2023. The study found three main structural problems: first, the mechanism for transforming international norms into Indonesian national law is inconsistent and lacks clear standards; second, Law No. 6 of 2023, which is the enactment of the Job Creation Perppu, contains a number of provisions that run counter to ILO protection standards; and third, the weak labor inspection system perpetuates the gap between written law and actual practice despite legislative reforms. This study argues that true harmonization requires more than just formal ratification; it requires substantive legislative transformation and effective enforcement.

Keywords: Labour Law, ILO Conventions, Legal Harmonization, Norm Transformation, Job Creation Law