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All Journal Journal of Industrial Relations Studies
Simorangkir, Julius Caesar T
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Law, Crime, Criminology & Criminal Justice

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Penerapan Asas Keadilan Substantif dalam Penyelesaian Sengketa Pemutusan Hubungan Kerja Di Pengadilan Hubungan Industrial Manalu, Ezrayanti; Mustafa, Afi Luthfi; Fajrin, Fauziah; Kusmiran, Adhe Clara; Simorangkir, Julius Caesar T
Journal of Industrial Relations Studies Vol. 1 No. 4 (2025): Journal of Industrial Relations Studies Oktober 2025
Publisher : DPPM Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jirs.v1i4.6400

Abstract

This research aims to analyze the legal framework and judicial practice in resolving termination of employment (PHK) disputes in the Industrial Relations Court (PHI) based on the principle of substantive justice. The study employs a normative juridical approach through library research by examining laws, judicial decisions, and academic literature from 2021 to 2025 related to employment termination and industrial relations disputes. The analysis focuses on how procedural justice often dominates the PHI’s decision-making process, while substantive justice intended to protect workers’ rights has not been fully realized. Findings indicate that despite the presence of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement and the amendments in Law Number 6 of 2023 concerning Job Creation, there remains a gap between legal norms and their implementation. Factors influencing this include regulatory inconsistencies, institutional capacity, and the weak execution of court decisions. The study concludes that the application of substantive justice requires not only legal certainty but also equitable protection for both workers and employers through effective enforcement and clearer regulations to ensure fairness in every PHK dispute resolution
Perlindungan Hukum terhadap Pekerja dari Upaya Pemutusan Hubungan Kerja Sepihak Jingga, Adinda Zhara; Febriansyah, Achmad; Turang, Yohanes Ricky; Rizki, Reza Nur; Simorangkir, Julius Caesar T
Journal of Industrial Relations Studies Vol. 1 No. 4 (2025): Journal of Industrial Relations Studies Oktober 2025
Publisher : DPPM Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jirs.v1i4.6406

Abstract

This research aims to analyze the legal aspects of unilateral termination of employment disguised as voluntary resignation. The study employs a normative juridical method with statute and case approaches, examining relevant laws, legal literature, and court decisions. The findings reveal that the company's practice of forcing workers to sign resignation letters constitutes constructive dismissal, violating Articles 151, 156, and 162 of Law Number 13 of 2003 concerning Manpower in conjunction with the Job Creation Law. Such actions result in the loss of workers' normative rights, including severance pay, holiday allowance, and social security benefits. Based on legal protection theory and justice theory, these actions are legally invalid as they contradict the principles of fairness and legal certainty. The research concludes that strengthening labor supervision and workers' legal awareness is necessary to ensure effective protection against disguised dismissals in the industrial sector, alongside clear legal mechanisms through Industrial Relations Courts
Co-Authors Fajrin, Fauziah Febriansyah, Achmad Jingga, Adinda Zhara Kusmiran, Adhe Clara Manalu, Ezrayanti Mustafa, Afi Luthfi Rizki, Reza Nur Turang, Yohanes Ricky