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Astry Rahmalia
Universitas Bina Bangsa, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical analysis of dismissal for serious disciplinary violations by garuda cabin crew Astry Rahmalia; Mukhamad Nassir Agustiawan; Dian Samudra
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6696

Abstract

This study presents a juridical analysis of employment termination (PHK) imposed on a cabin crew member of PT Garuda Indonesia due to serious disciplinary violations, with a case study based on Court Decision Number 62/Pdt.Sus-PHI/2024/PN.Srg. The central issue examined is the act of carrying goods exceeding the permitted capacity, which was considered a breach of the Collective Labor Agreement (CLA) and customs regulations. The research aims to determine whether such conduct can serve as a valid legal basis for termination under the CLA and to analyze the judge’s legal reasoning in resolving the case. Using a normative juridical approach, this study reviews relevant statutory provisions, legal doctrines, and judicial decisions. The findings demonstrate that the employee’s actions constitute a serious disciplinary offense that can justify termination if implemented through lawful and proportional procedures. This research contributes theoretically by enriching the study of labor law, particularly concerning the balance between employers’ disciplinary authority and workers’ legal protection, and practically by offering guidance for companies and judges to ensure that termination decisions comply with justice, legal certainty, and national labor regulations.
Co-Authors Dian Samudra Mukhamad Nassir Agustiawan