THE REASONS FOR LAYOFFS BY COMPANIES ARE BASED ON THE LAYOFF PROVISIONS IN LAW NO. 11 OF 2020 CONCERNING JOB CREATION AGAINST INDUSTRIAL RELATIONS COURT DECISIONS DUE TO GROSS ERRORS (PN DECISION STUDY NUMBER 1 / PDT. SUS-PHI/2021/PN PGP)
Abstract
District Court Decision Number 1/Pdt.Sus-PHI/2021/PN Pgp, where the position of workers tends to have no power, when dealing with employers who have the power Unilateral termination of employment carried out by PT Sinarmas Multifinance to the workers, namely Welson Fransisca, Heri Ferdian and Rudi Karmidi as employees of PT Sinarmas Multifinance, they are accused of serious mistakes and layoffs by means of the first SP and the second SP without any court decision previously. With so many cases like this, workers lose the opportunity and justice legally, which will harm the workers. This study aims to find out the reasons for layoffs by PT Sinarmas Multifinance whether they can be justified in accordance with the layoff provisions based on Law No. 11 of 2020 concerning Job Creation. Based on Law No. 11 of 2020 concerning Job Creation, it is explained that the reason for the layoffs by PT Sinarmas Multifinance cannot be justified in accordance with the layoff provisions in Article 52 paragraph 1 of PP No. 35 of 2021, between the 1st and 2nd Warning Letters given by PT. Sinarmas Multifinance. Sinarmas Multifinance exceeds the period of 6 months since its issuance. Then it should be inappropriate and categorized as an act of layoff without error.
Keywords: Workers/Laborers, Gross Mistakes, Labor LawFull Text:
PDFReferences
Abdul Rakhman, Labor Law in Indonesia, Ed.1, Cet.3, Raja Grafindo Persada, Jakarta, 1999.
Bambang Sunggono, Legal Research Methodology, Rajawali Pers, Jakarta, 2010.
E. Sumaryono, Ethics and Law: The Relevance of Natural Legal Theory Thomas Aquinas, Kanisius, Yogyakarta, 2002.
I Dewa Gede Atmadja, Philosophy of Law, Setara Press, Malang, 2013.
Then Husni, Introduction to Indonesian Labor Law, Raja Grafindo Persada, Jakarta, 2007.
Rawls.," A Theory of Justice", The Belknap Press of Harvarrd University Press, Cambridge Massachusettsss, 1971.
B. Journal
Budi Santoso, "Justification of Efficiency as a Reason for Termination of Employment", Mimbar Hukum Vol. 25 No. 3, Universitas Brawijaya, Malang, 2013.
C. Law / Regulations
Constitution of the Republic of Indonesia of 1945.
Civil Code.
Law Number 13 of 2003 concerning Manpower.
Law Number 11 of 2020 concerning Job Creation.
Government Regulation Number 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Work Time and Rest Time, and Termination of Employment.
Decision of the Constitutional Court of the Republic of Indonesia Number 012/PUU-I/2003, Constitutional Court, Thursday, October 28, 2004.
Cassation Decision number 461 K/Pdt.Sus-PHI/2017 Central Jakarta District Court on May 18, 2017.
Welson Fransisca, Heri Ferdian and Rudi Karmidi vs. PT. Sinarmas Multifinance, 1/Pdt.Sus-PHI/2021/PN Pgp, Pangkalpinang District Court, March 16, 2021.
D. Dictionaries/ Encyclopedias/ Internet and other Media
https://new.hukumonline.com/klinik/detail/ulasan/cl2408/perbedaan-ketentuan-for-permanent-workers--contract-and-ioutsourcing-i/, in an article titled "Differences in Conditions for Permanent, Contract and Outsourced Workers", accessed on May 30, 2021 at 8:25 a.m. WIB.
DOI: http://dx.doi.org/10.31000/jhr.v11i2.9310
Article Metrics
Abstract - 181 PDF - 194Refbacks
- There are currently no refbacks.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.