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All Journal Ajudikasi : Jurnal Ilmu Hukum INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Gultom, Hosiana
Universitas Pelita Harapan
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice

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Journal : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)

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LEGAL PROTECTION OF EMPLOYEES DUE TO UNILATERAL TERMINATION OF EMPLOYMENT DUE TO FORCE MAJEURE COVID-19 PANDEMIC Ayun Kencana R; Agus Budianto; Hosiana Gultom
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.26

Abstract

The Covid-19 pandemic has brought a significant impact on various sectors, including the economy. Many companies suffered setbacks losses which led to layoffs for reasons of the Covid-19 pandemic which was categorized as a force majeure. However, the decision was actually detrimental to workers as it was not in accordance with the provisions of Law No.13 / 2003. Therefore, this study tries to examine the legal protection and legal consequences of termination of employment under the reasons of the Covid-19 pandemic force majeure. The aim of this study is to analyze and trace the legal protection of workers who have been unilaterally laid off during the Covid-19 pandemic and the legal consequences that arise from layoffs based on Law No. 13 of 2003 concerning Manpower. This study uses empirical normative legal research methods and uses secondary data consisting of primary, secondary and tertiary legal materials. This study is classified as a qualitative research, with the type of methodology used is an approach to legal systematics and an approach to legal cases. The data used in this analysis are secondary data obtained through literature study techniques and supported by primary data obtained by interview techniques. In view of Presidential Decree No. 12 of 2020, the results of the analysis show that the Covid-19 pandemic is regarded as a force majeure. Subject to the provisions of Law No. 13 of 2003, the legal protection for workers who are laid off due to force majeure is regulated in Article 164 paragraph (1) with the provisions in Article 156. It is necessary to note that when a layoff occurs due to law, employers are obliged to provide severance pay to workers. In this regard, in maintaining business continuity in the current situation, the government's efforts regarding the fulfillment of severance pay are contained in SE M / 3HK.04 / III / 2020, which fundamentally employers and workers can make a mutual agreement.
JURIDICAL ANALYSIS ON BIPARTITE NEGOTIATION IN THE EMPLOYEE TERMINATION PROCESS AT PT. J RESOURCES BOLAANG MONGONDOW, INDONESIA Theresa B. Tulende; Hosiana D. A. Gultom; Agus Budianto
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 2 (2021): April 2021
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i2.39

Abstract

The disputes over termination of employment are common in the industrial relations. Many industrial relations actors settle disputes by filing lawsuits to the Industrial Relation Court. They assume that bipartite negotiation is ineffective in settling disputes of termination of employment in particular. In contrary, a company In Indonesia, named PT. J Resources Bolaang Mongondow, experiences it differently where the bipartite negotiation is well-emphasized in settling disputes of termination of employment. This is also supported by various strategies implemented inside the company to prevent any disputes, particularly the termination of employment that leads to the Industrial Relation Court. This paper uses descriptive analysis as well as normative-empirical legal as the research method. The data was collected through literature review, research papers, essays, national journal, interview, website as well as legal studies. The termination of employment is regulated under Law No. 13 of 2003 concerning Manpower, while the Law No. 2 of 2004 regulates the Industrial Relations Dispute Settlement. Likewise, the Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia No. PER.31/MEN/XII/2008 concerning the Guideline for Settlement of Industrial Relations Dispute through Bipartite Negotiations. The disputes of termination in industrial relations emerge due to the violation of company regulation in the employment contract done by the employee. Nonetheless, PT. J Resources Bolaang Mongondow has been successfully implementing the bipartite negotiations to settle disputes. Law No. 2 of 2004 concerning the Industrial Relations Disputes Settlement requires that it has to be resolved first through bipartite bargaining in deliberation to reach consensus. Strategy determines the effectiveness of bipartite negotiations in a company.
Co-Authors Agus Budianto Ayun Kencana R Serlly Waileruny Sukardi, Ellora Theresa B. Tulende