Farida Dwi Kurnia Ermayanti
Program Studi Ilmu Hukum, Universitas Muhammadiyah Sidoarjo

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Worker Negative Virality Lacks Lawful Cause for Employment Termination in Indonesia: Viral Negatif Pekerja Tidak Memenuhi Sebab Halal Pemutusan Hubungan Kerja Farida Dwi Kurnia Ermayanti; Noor Fatimah Mediawati
Indonesian Journal of Law and Economics Review Vol. 21 No. 3 (2026): Agustus
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i3.1716

Abstract

General Background: Social media growth has increased worker negative virality, which employers often use for termination of employment. Specific Background: Indonesian labor law does not explicitly regulate negative virality as a ground for dismissal, creating legal uncertainty when terminations rely solely on public pressure. Knowledge Gap: Prior studies focused on sociological or ethical aspects rather than normative legal analyses connecting Government Regulation Number 35 of 2021 and Article 1320 of the Indonesian Civil Code. Aims: This normative legal study analyzes the legality of termination of employment due to worker negative virality under Indonesian labor and civil contract law. Results: Examining Law Number 13 of 2003, Government Regulation Number 35 of 2021, Law Number 2 of 2004, and Article 1320 of the Civil Code reveals that negative virality is not automatically an urgent violation without proven misconduct and causal corporate loss. Furthermore, dismissal based solely on public opinion without proven legal or contractual violations fails the lawful cause requirement under Article 1320, rendering it potentially unlawful. Novelty: This research evaluates negative virality as a social fact tested against the lawful cause requirement in civil contract law. Implications: Employers must base dismissals on objective legal proof, while affected workers retain normative rights and dispute resolution access through the Industrial Relations Court. Highlights: Social media public pressure does not automatically qualify as an urgent violation under Government Regulation Number 35 of 2021 without proven misconduct. Dismissing employees solely over online public opinion violates the valid agreement conditions in Article 1320 of the Civil Code. Unfairly dismissed employees retain normative rights alongside access to bipartite negotiations, mediation, and Industrial Relations Court litigation under Law Number 2 of 2004. Keywords: Employment Termination, Negative Virality, Indonesian Labor Law, Lawful Cause, Civil Code Article 1320