Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : jurnal ilmiah advokasi

LEGAL PROTECTION OF WORKERS/LABORERS FROM TERMINATION OF EMPLOYMENT DUE THE COVID-19 PANDEMIC AS A FORCE MAJEURE IN ORDER TO BUILD LEGAL CERTAINTY Kurnia, Asep; Santoso, Imam Budi; Singadimeja, Holynes
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6077

Abstract

The Covid-19 incident, many companies in Indonesia have difficulty in carrying out their activities. One of the impacts is the cessation of company activities and laying off employees. This means that many workers or laborers lose their jobs due to situations beyond the control of the company, such as this pandemic. Force majeure is an event or incident beyond human control that can affect business continuity. The purpose of this study is to analyze how legal protection for workers/laborers due to Termination of Employment on the grounds of Covid 19 as force majeure can be applied in the Karawang industrial area. This study uses the approach method. Legislation, where researchers analyze and interpret various laws that are relevant to the topic and object being studied. The results of the study show that the implementation of Termination of Employment by force majeure cannot be carried out arbitrarily, companies must maintain and make maximum efforts not to carry out Termination of Employment before finally deciding to take the route of Termination of Employment for workers/laborers. This is used as the meaning and form of legal protection carried out by the company towards employees.Keywords: Labor; COVID-19; Legal Protection; Work termination
LEGAL PROTECTION OF OUTSOURCING WORKERS AGAINST EMPLOYERS' ARBITRARY ACTIONS IN TERMINATION OF EMPLOYMENT RELATIONSHIPS IN INDONESIA BASED ON THE JOB CREATION LAW Lestari, Rr. Winarti Pudji; Santoso, Imam Budi; Setiady, Tri
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6078

Abstract

Currently business competition is getting tighter, many companies are choosing to implement an outsourcing system because this system is felt to be more effective. In the outsourcing system, it is easier for employers to terminate employment relationships (PHK), so this outsourcing system cannot provide job security for workers. In fact, guarantees to work and earn a decent living are the constitutional rights of every citizen. The state has regulated the protection of workers' rights and guaranteed continuity of work in the Job Creation Law through the TUPE concept. However, these regulations have not been equipped with clearer regulations so they are still difficult to implement. The aim of this research is to examine and understand the legal protection for outsourcing workers from arbitrariness by employers in the implementation of layoffs and to examine and analyze the principles of outsourcing so that there is no arbitrariness by employers in the implementation of layoffs. This research uses a normative juridical approach, namely an approach carried out on the basis of the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The author also uses a comparative legal approach method, namely comparing law in different countries as a system (law is seen as a system), so that based on the differences, researchers are able to provide conclusions regarding a legal issue. The outsourcing system in Indonesia currently does not reflect justice for outsourcers. There needs to be legal reform so that worker protection can be improved without leaving the flexibility of the outsourcing system behind. From this research, the author was able to find a prospective concept for developing better outsourcing regulations. Keywords:  Legal Protection; Outsourcing; Arbitrariness; Termination of Employment.