Embassy of Foreign Country as Employer Subject to Severance Payment Obligations

Darmawan Yusuf; Agusmidah Agusmidah; Ningrum Natasya Sirait; Aloysius Uwiyono

doi:10.32734/uljls.v1i1.13017

Authors

Darmawan Yusuf Universitas Sumatera Utara
Agusmidah Faculty of Law, Universitas Sumatera Utara, Medan, 20155, Indonesia
Ningrum Natasya Sirait Universitas Sumatera Utara
Aloysius Uwiyono Universitas Indonesia

DOI:

https://doi.org/10.32734/uljls.v1i1.13017

Keywords:

Foreign Embassies; , Obligations; , Payment; , Severance

Abstract

This research examines the employment agreements between foreign state representatives and local workers that are not related to diplomatic functions and therefore do not enjoy diplomatic immunity. While industrial relations disputes typically arise between workers and company management, there have been instances of labor disputes between workers and foreign state representatives. This creates a connection between Indonesia's legal system and the principle of diplomatic immunity in international law. Despite Indonesia's ratification of the Vienna Conventions of 1961 and 1963 through Law No. 1 of 1982, there is currently no specific national legislation governing privileges and immunities. As a result, labor disputes involving diplomatic immunity are dependent on court judgments. The focus of this research is on the severance payment obligations stipulated in labor laws and the responsibility of foreign embassies as employers in Indonesia to make severance payments. The research methodology employed is normative research with a legislative approach. Through qualitative data analysis, the following conclusions were drawn: First, the existence of pension programs does not automatically negate the right to severance pay that workers should receive upon reaching retirement age. Second, the Employment Law is inconsistent in regulating severance payments and pension guarantees as they were initially regulated separately.

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Author Biography

Darmawan Yusuf, Universitas Sumatera Utara

DARMAWAN YUSUF, SH., SE., M.Pd., M.H., CTLA., Mediator, was born in Medan, North Sumatra Province. He is the third child out of four siblings. He was born and raised in Medan and is currently active as a Permanent Legal Advisor (Legal Consultant) and an Expert Advisor in Politics, Law, and Security for the Presidency of the Republic of Indonesia, Dr. Lenis Kogoya, M.Hum.

He completed high school at Wage Rudolf Supratman 1 (WRS 1) School in Medan in 2005. He completed his Diploma 3 (D3) studies in Media Expertise with a specialization in Marketing of Management at a college in Medan (A.md). He completed his undergraduate studies in the Faculty of Economics in Medan (SE). He completed his postgraduate studies in the Master of Education program in Jakarta (M.Pd). He completed his undergraduate studies in the Faculty of Law at a university in Medan (SH). He completed his postgraduate studies in the Master of Law program at a university in Medan (MH). He completed his Mediator Education at Gadjah Mada University (UGM) in Yogyakarta (Med). He completed his Education as a Tax Law Consultant at the Tax Court in Jakarta and obtained the Certificate of TAX LAW Advisor (CTLA). He is currently completing his doctoral studies (S3) in Law at the Faculty of Law, University of North Sumatra (USU). He is also currently active as a lecturer in the Law program.

In terms of non-formal, formal, and professional education, he has participated in entrepreneurship training in 2012, management education, computer design training, as well as various legal, economic, personnel, and labor seminars. He has completed Official Mediator Education certified by the Supreme Court and is an alumnus of the Mediator Program at Gadjah Mada University in Yogyakarta. He has completed Tax Law Expert Education and has been appointed by the Chairman of the Tax Court of the Republic of Indonesia, Ministry of Finance of the Republic of Indonesia, as an Official Authorized Representative for Tax Law in the Tax Court.