Violation Of Workers' Rights In Industrial Relations Court Disputes (Study Of PN Decision Number 1/Pdt.Sus PHI/2019/PN.Plg Jo. Decision Of The Supreme Court Number 813 K/Pdt.Sus-PHI/2019)

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Violation of Workers' Rights in Industrial Relations Court Disputes: A Study of PN Decision Number 1/Pdt.Sus PHI/2019/PN.Plg and Supreme Court Decision Number 813 K/Pdt.Sus-PHI/2019

Introduction

Termination of Employment (PHK) for a worker can be a turning point full of uncertainty. The loss of work not only seizes livelihoods, but also triggers difficulties in meeting daily needs, financing children's education, and the future of the family. Disputes of layoffs between workers and companies often appear on court, one of which is what happened in the decision number 1/Pdt.Sus PHI/2019/PN.PLG, involving PS as workers and PT. BSS as a company. This case then continued to the Supreme Court and gave birth to decision number 813 K/Pdt.Sus-PHI/2019. This article will examine more deeply the cause of layoffs in the case, analyze legal protection that should be received by workers based on Law Number 13 of 2003 concerning Manpower, as well as examining whether the company has violated the rights of workers in the layoffs process.

Causes and Mechanisms of Termination of Employment

In general, termination of employment can occur due to company or worker initiative. Termination of employment by the company is a common reason for layoffs, and it can be due to workers' severe error or workers' inability.

Termination of Employment by the Company

  • Workers' Severe Error: Article 158 paragraph (1) of the Manpower Law states that employers have the right to decide on employment if workers make serious mistakes. However, the definition of "serious error" needs to be interpreted objectively and should not be used arbitrarily by the company.
  • Workers' Inability: Article 160 paragraph (3) of the Manpower Act gives the company's right to lay off workers who are unable to carry out their work as they should after 6 months.

Legal Protection for Workers

Employment law in Indonesia provides preventive and repressive protection against workers. Preventive Protection aims to prevent violations of workers' rights by making laws and regulations governing boundaries and signs in carrying out employment relations. Repressive Protection is in the form of legal sanctions for companies that violate workers' rights, such as fines, prisons, or other additional sentences.

Analysis of Violations of Workers' Rights in the Supreme Court Decision

In decision number 813 K/Pdt.Sus-PHI/2019, the Supreme Court considers that the previous judge's decision was appropriate. This decision certainly concerns the rights of workers after layoffs, which are regulated in Article 62 of Law Number 13 of 2003 concerning Manpower.

The Importance of Assessing the Reason for Layoffs

Although the Supreme Court's decision is final, it is important to examine more deeply about the reasons for layoffs given by the company to PS. Is the reason really in accordance with the provisions in the Manpower Law? Does the company provide an opportunity for PS to improve performance before layoffs? Has the layoff process been carried out with correct and fair procedures?

Strengthening the Protection of Workers' Rights

Cases of layoffs that occur in PS remind us of the importance of strengthening the protection of the rights of workers in Indonesia. There needs to be a clear and firm legal certainty in interpreting "serious mistakes" in layoffs. The supervision and law enforcement system for violations of workers' rights also needs to be improved so that no more workers are victims of injustice in employment relations.

Conclusion

By increasing understanding of employment law and strengthening legal protection mechanisms for workers, we can realize a fair and dignified employment relationship for all parties. The analysis of the Supreme Court's decision and the importance of assessing the reason for layoffs highlight the need for a more comprehensive approach to protecting workers' rights in Indonesia.

Recommendations

  • Improve the supervision and law enforcement system for violations of workers' rights.
  • Provide clear and firm legal certainty in interpreting "serious mistakes" in layoffs.
  • Increase understanding of employment law among workers and employers.
  • Strengthen legal protection mechanisms for workers, including preventive and repressive protection.

Future Research Directions

  • Conduct a comprehensive study on the impact of layoffs on workers and their families.
  • Analyze the effectiveness of the current legal protection mechanisms for workers.
  • Examine the role of trade unions in protecting workers' rights.
  • Investigate the impact of globalization on workers' rights in Indonesia.

Limitations of the Study

  • The study is limited to a single case of layoffs in PS.
  • The analysis is based on the Supreme Court's decision and the Manpower Law.
  • The study does not consider the impact of other factors, such as economic conditions and company policies, on layoffs.

Future Implications

  • The study's findings have implications for the development of employment law and policy in Indonesia.
  • The analysis highlights the need for a more comprehensive approach to protecting workers' rights.
  • The study's recommendations can inform policy and practice in the field of employment law and industrial relations.
    Frequently Asked Questions (FAQs) on Violation of Workers' Rights in Industrial Relations Court Disputes

Q: What is the main issue in the case of PS vs. PT. BSS?

A: The main issue in the case is the termination of employment (PHK) of PS by PT. BSS, which led to a dispute between the two parties in the industrial relations court.

Q: What is the significance of the Supreme Court's decision in this case?

A: The Supreme Court's decision is significant because it sets a precedent for the interpretation of the Manpower Law and the protection of workers' rights in Indonesia.

Q: What are the causes of termination of employment in Indonesia?

A: The causes of termination of employment in Indonesia can be due to company or worker initiative, including workers' severe error or workers' inability.

Q: What is the definition of "serious error" in the Manpower Law?

A: The definition of "serious error" in the Manpower Law is not clearly defined, which can lead to arbitrary interpretation by companies.

Q: What is the role of the company in providing opportunities for workers to improve performance before layoffs?

A: The company has a responsibility to provide opportunities for workers to improve performance before layoffs, as required by the Manpower Law.

Q: What are the consequences of violating workers' rights in Indonesia?

A: The consequences of violating workers' rights in Indonesia can include fines, prisons, or other additional sentences, as well as damage to the company's reputation and relationships with workers.

Q: How can workers protect their rights in Indonesia?

A: Workers can protect their rights in Indonesia by being aware of their rights and responsibilities under the Manpower Law, seeking legal advice, and joining trade unions or other organizations that advocate for workers' rights.

Q: What is the importance of assessing the reason for layoffs in Indonesia?

A: Assessing the reason for layoffs is important in Indonesia because it can help determine whether the company has violated the workers' rights and whether the layoffs are fair and just.

Q: How can the government and other stakeholders support workers' rights in Indonesia?

A: The government and other stakeholders can support workers' rights in Indonesia by strengthening the legal protection mechanisms for workers, improving the supervision and law enforcement system, and increasing awareness of employment law and workers' rights.

Q: What are the future implications of this study?

A: The future implications of this study are that it can inform policy and practice in the field of employment law and industrial relations in Indonesia, and can contribute to the development of a more comprehensive approach to protecting workers' rights.

Q: What are the limitations of this study?

A: The limitations of this study are that it is limited to a single case of layoffs in PS, and the analysis is based on the Supreme Court's decision and the Manpower Law.

Q: What are the recommendations of this study?

A: The recommendations of this study are to improve the supervision and law enforcement system for violations of workers' rights, provide clear and firm legal certainty in interpreting "serious mistakes" in layoffs, increase understanding of employment law among workers and employers, and strengthen legal protection mechanisms for workers.