BUSINESS LAW FINAL EXAM

WEBARQ

YP-A/61
Emma Hikmah / 29119123
Seila Mustika Indra Dewi / 29119127
Karima Nurul Fikri / 29119128
Rakha Zahra Raihan / 29119144
Firda Annisya Toni / 29119145
Muhammad Afin Romli / 29119152
Elza Novira Zahara / 29119168

 
● Company Profile
WEBARQ digital agency is a Google Premier Partner & Facebook Partner based
in Jakarta, Indonesia. Established in 2009, we were formerly known as Web Architect,
who came about in the midst of an evolution in Information Technology locally and
globally.
As a team of young professionals, they started out with a collective purpose to
build state-of-the-art websites through appealing UI & UX, optimized content, and
assembled by cutting edge technology. Their rapid growth is a result of actively
responding to the demands of this digital age and creatively measuring up to
contemporary trends.
Today WEBARQ is one of Indonesia’s leading provider for best quality website
development who also offers a holistic digital marketing solution tailored for the
individual client to generate targeted results. Based on the fundamentals of world-class
design, we build creative strategy and execute integrated digital campaigns to pilot
brands and businesses to reach new heights in this boundless World Wide Web.

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Ethical Climates Results

● Caring, corresponding to the degree to which the environment may be characterised by

workers who are sincerely interested in the well-being of each other;
● Law and Code, corresponding to the degree to which employees adhere strictly to the
codes and regulations of their profession and government;
● Rules, corresponding to the degree to which employees strictly adhere to the rules and
mandates of their organisation or subunit;
● Instrumental, corresponding to the degree to which employees look out for their own
self-interest
● Independence, referring to the degree to which employees would be expected to be
guided by their personal moral beliefs.

Organization and Ethical climate are important because these conditions will impact the
behavior, motivation and effectiveness of the workforce. These forces if positive and supportive
can strengthen and increase morale and productivity, but when caustic and destructive, can cause
withdrawal, dysfunctional and unwanted behaviors.

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Locus of Analysis

If we apply the analysis to the organization, we find the ethical criteria which best fits is
principle and the locus of analysis is cosmopolitan. Based upon those characteristics, WebArq
organization and leadership ethical climate would be “The Law or Professional Law”

● In this organization, employees are expected to be able to follow strict legal and
professional standards.
● In this company, the law and professional code of ethics is the most important
consideration.
● People are expected to comply with legal and professional standards above other
considerations.
● The first thing to consider is whether a decision is illegal or not.
● The employee did not feel the urge of company profit interest. They see cosmopolitan
column as a form of obligation although this is how the company succeeds in terms of
manipulating employees to believe in cosmopolitan column principle.

MANPOWER LAW

Employment Contracts / Work Agreements according to Law No.13 / 2003 concerning

Manpower are agreements between workers / laborers and employers or employers that contain
conditions of employment, rights and obligations of the parties.

According to article 54 of Law No.13 / 2003, work agreements in writing must at least contain:

a. name, address, and type of business

b. name, sex, age and address of the worker / laborer
c. job title or type of work
d. place of work

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 e. the amount of wages and the method of payment
f. work conditions that contain the rights and obligations of employers and workers
g. starting and the period of validity of the work agreement
h. place and date the employment agreement was made; dani. the signatures of the parties to
the work agreement.

Basically, to declare an employment agreement is considered valid or not, it is obligatory to pay

attention to the provisions in article 1320 of the Civil Code (Civil Code) which states that:

For a legitimate agreement to occur, four conditions must be met;

a. their agreement that binds him

b. ability to make an engagement
c. a certain subject matter
d. a reason that is not forbidden

Article 52 paragraph 1 of Law No. 13 of 2003 concerning Manpower also confirms that:

Work agreements are made on the basis of :

a. both side agreement

b. the ability or ability to do legal actions
c. the promised work
d. the work promised is not contrary to public order, decency, and the applicable laws and
regulations.

Working hours

Working hours are time to do work, can be carried out during the day and / or night. Law
No.13 of 2003 concerning Manpower regulates working hours for workers in the private
sector. Whereas, for the arrangement of the start and end of working hours, it is regulated
in accordance with the needs of the company in the Work Agreement, Company
Regulations (PP) or Collective Labor Agreement (PKB).

In Law No.13 of 2003 Article 77 paragraph 1 requires every company to follow the
provisions of working hours that have been regulated in 2 systems, namely:

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 Both systems of working hours in effect provide limits on working hours, which are 40
(forty) hours in 1 (one) week. If the working hours in the company exceeds the
stipulations, the work hours that exceed the provisions are considered as overtime, so that
workers are entitled to overtime pay.

Overtime Regulations.

The company is obliged to pay overtime wages if its workers / laborers exceed the work
hours specified by the Act. The application of overtime must also meet the requirements
including the approval of the relevant worker / laborer and the maximum overtime for 3
hours in 1 day and 14 hours in 1 week, excluding overtime on weekly breaks or official
holidays.

Problem Analyst and Conclusion

1. We use Manpower Law because Webarq tends to work in a very systematic way and they
simply sell products based on customer requests. They are not selling intellectual rights.
2. We find a problem in WebArq company which is overtime working with no extra salaries
and regulations.
3. Based on our interview one of the Webarq workers, Ana 23 y.o (not a real name) said
that she could not get home before his boss left the office because “I did not feel good if I
leaved before my boss” said Ana. This is verified in the cosmopolitan column. The
employee did not realize that they are being used as free labour without extra payment.
4. It is stated above in the ​Law No.13 of 2003 Article 77 paragraph 1. The extra time should
be paid by the office.
5. We suggest that Webarq pay more attention to the law and they have to allocate the
payment for the extra time spent.

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