Practice of Diploma Retention in Industrial Relations: Analysis from the Perspective of Labor Law

Abstract

The practice of withholding diplomas by companies in industrial relations in Indonesia is still often found even though it has no legal basis. This withholding of diplomas is generally carried out on the grounds of ensuring the continuity of the employment contract and preventing workers from resigning before the end of the employment period. However, this action is contrary to the basic principles of Indonesian labor law which prioritize freedom of contract, protection of workers' rights, and the right to private property. This study aims to analyze the practice of withholding diplomas in industrial relations and its compliance with the provisions of labor law in Indonesia. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that the practice of withholding diplomas is not in accordance with the provisions applicable in Indonesian labor law, including Law Number 13 of 2003 concerning Manpower and Law Number 39 of 1999 concerning Human Rights. This practice also has the potential to violate human rights guaranteed by the constitution. Workers who experience diploma withholding have several legal remedies that can be taken, such as complaints to the Manpower Office, settlement of industrial relations disputes, and civil lawsuits. This study recommends that the government, companies, and workers improve their understanding and supervision of workers' rights to create fair and just industrial relations.