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Asas Similia Similibus dalam Hukum Acara di Pengadilan Hubungan Industrial pada Putusan Mahkamah Agung RI Nomor 968K/Pdt.SUS-PHI/2025 pada Tanggal 16 September 2025 Dwi Septianita; Wishnu Dewanto
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2270

Abstract

The mitigation of employment dissolution is fundamentally achievable by fostering a synergistic relationship between the workforce and management. Should dismissal become an inevitable recourse, the process must be preceded by mandatory deliberations as stipulated under the Indonesian Manpower Law (No. 13 of 2003). PT. Korin Living Arts, previously operating as PT. Korin Metal Arts, arbitrarily dismissed long-standing personnel under the pretext of contractual expiration. Due to the absence of mutual agreement or a legally binding decree from the relevant dispute resolution bodies and the Supreme Court, the aggrieved staff initiated legal proceedings through the Industrial Relations Court at the Bandung District Court. Upon reaching the cassation stage, the judiciary invoked the doctrine of similia similibus, noting the substantial factual alignment between the a quo case and a prior landmark ruling (Case No. 1257 K/Pdt.Sus-PHI/2025). This precedent-based approach ensures that analogous disputes are adjudicated with consistency. This inquiry explores two primary issues: first, the efficacy of the similia similibus principle within Decision No. 968 K/Pdt.Sus-PHI/2025, specifically where identical defendants face different litigants; and second, the ratio decidendi or legal justifications employed by judges in adopting said principle. Utilizing a normative legal research methodology, this study analyzes both primary and secondary legal sources. The findings suggest that a robust implementation of the similia similibus doctrine is vital for preserving judicial uniformity and bolstering legal predictability within the framework of industrial dispute resolution.