Kedudukan Hukum Perjanjian Kerja Bersama (PKB) dalam Perlindungan Jaminan Sosial Pekerja Berdasarkan Instrumen Ilo No. 102: Studi Kasus Putusan Ma Nomor 216 K/Pdt.Sus-Phi/2026
Year: 2026
Type: article
Abstract: This study examines the legal position of Collective Labour Agreements in protecting workers' social and economic benefits, with a specific focus on the preventive function of collective agreement clauses after the Supreme Court Decision Number 216 K/Pdt.Sus-PHI/2026. The legal issue does not merely concern the formal recognition of workers' social security rights, but the weakness of collective agreement clauses that fail to ensure registration, contribution transparency, benefit-claim assistance, access to information, and procedural safeguards before disputes reach litigation. This research applies a normative juridical method with statutory, conceptual, and case approaches. ILO Convention No. 102 concerning Social Security Minimum Standards is used as the main evaluative framework, while ILO Convention No. 98 is positioned as a supporting context for collective bargaining. The study argues that Collective Labour Agreements have a strong legal position as binding collective and contractual instruments, yet their protective function remains limited when clauses merely repeat statutory BPJS obligations without operational mechanisms. The Supreme Court decision demonstrates that workers' claims for work-related social and economic benefits may fail not because the underlying entitlement is necessarily irrelevant, but because procedural limitations prevent substantive examination. Therefore, collective agreements should be reconstructed as preventive, corrective, and contractual instruments that secure workers' social and economic benefits at the enterprise level.
Institution: Nusa Putra University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7204470892