PRAKTIK PENAHANAN IJAZAH DALAM HUBUNGAN KERJA: TINJAUAN HUKUM KETENAGAKERJAAN DAN PERLINDUNGAN HAK ASASI PEKERJA

Abstrak

The withholding of diplomas from workers is a practice in the employment sector that currently lacks definitive provisions. Therefore, legal certainty remains a gray area. This study was conducted to provide an overview. Although there are no definitive provisions governing the withholding of diplomas by employers, disputes can still be filed through civil proceedings. This study used a normative juridical method through a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The results indicate that the withholding of diplomas by employers can cause harm in the event of a dispute, and therefore can be filed through Civil Procedure Law, specifically for Unlawful Acts. Therefore, the government, as the regulator at the ministerial level, Governor Regulations, and Mayoral/Regent Regulations, must immediately establish these regulations to ensure implementation in the field is not left in a gray area.

Keywords: withholding of diplomas, employment, gray area, rights