CRIMINALIZATION POLICY OF UNION BUSTING IN INDONESIA'S LABOR LAW: NORMATIVE GAPS, ENFORCEMENT FAILURES, AND COMPARATIVE LESSONS FOR REFORM

Abstract

Union busting represents a serious threat to labor democracy and fundamental rights in Indonesia. Although Law No. 21 of 2000 prohibits employer interference in trade union activities and provides for criminal sanctions, its enforcement has remained largely ineffective. This study investigates the normative and institutional failures underlying this gap and argues for the urgent need to establish a coherent criminal policy on union suppression. Using a normative-juridical method combined with comparative analysis, the article finds that Indonesia's current legal framework suffers from vague offense definitions, lack of evidentiary support structures, and fragmented enforcement mechanisms. Drawing on models from South Korea, Canada, and South Africa, the study proposes a reform blueprint including revised legal definitions, rebuttable presumptions, dual-track enforcement via administrative and criminal pathways, and proportional corporate sanctions. Criminalization is justified not only as a last resort but as a necessary response to systemic impunity and democratic erosion. The findings offer actionable recommendations for legal reform, institutional design, and policy alignment with international labor standards.