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Pembentukan Undang-Undang yang Mengikuti Perkembangan Masyarakat Pandiangan, Riris Valentina; Nabilah, Azza Rahma; Pusvitasari, Jelita; Susanti, Pipi
VISA: Journal of Vision and Ideas Vol. 4 No. 1 (2024): VISA: Journal of Vision and Ideas
Publisher : IAI Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/visa.v4i1.2147

Abstract

A law is a statutory regulation whose drafting requires a long time and lengthy procedures, as implemented in Law Number 12 of 2011 concerning Making Regulations. The stages of forming a statutory regulation start from planning, drafting, discussing, ratifying or determining, and ratifying. Legislation, especially laws, must be drafted well because they have an impact on both the state and society. However, if the preparation of statutory regulations takes a long time, then the public's demands for legal clarity cannot be met. Moreover, the rules designed to regulate events on the continent will increasingly lag behind the rapidly changing social developments of society. Therefore, solutions are needed to overcome problems related to regional development. For example, it allows the formation of very long laws and regulations through the government in lieu of laws (perpu) by taking into account the community's need for legal certainty. Additionally, thanking existing organizations for conducting research into issues that are no longer in line with societal growth might be a good way to go. So it can be a good recommendation in the revision of Regulation Number 12 of 2011.
Legal Analysis Of Legal Protection Of Workers' Rights Based On Unilateral Termination Of Employment By PT Fast Food Indonesia (KFC Indonesia) Siagian, Afny Azzahra; Amanda Fauzi, Rizka; Haptoro, Dyanhza Aji; Susanti, Pipi; Yamani, M.
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7062

Abstract

This article discusses unilateral termination of employment (PHK) by employers is a practice that still often occurs in the world of employment in Indonesia and raises legal issues, especially related to the protection of workers' rights. This study analyzes legal protection for workers in the case of unilateral layoffs carried out by PT Fast Food Indonesia (KFC Indonesia), and assesses its legal implications for the mechanism for resolving industrial relations. The issues raised include the suitability of unilateral layoffs with the provisions of Law Number 6 of 2023 and the extent to which workers' rights are legally protected. This study uses a normative legal method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of real cases of mass layoffs by KFC Indonesia. The results of the study indicate that unilateral layoffs by the company do not comply with legal procedures as stipulated in Article 151 of Law Number 6 of 2023, which requires notification, bipartite negotiations, and settlement of industrial relations disputes. In addition, workers' rights such as severance pay and job loss guarantees are not provided proportionally. The legal implications put workers in a disadvantaged position and pave the way for dispute resolution through legal mechanisms in the Industrial Relations Court. This study emphasizes the importance of enforcing strict and comprehensive legal protection for workers in facing unilateral layoffs.