Iis Apriyani
Universitas Islam Negeri Syarif Hidayatullah Jakarta

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Perlindungan Hukum Atas Pemutusan Hubungan Kerja Pada PT Hollit International (Analisis Putusan Mahkamah Agung Nomor 971 K/Pdt. Sus-PHI/2018) Iis Apriyani; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 2, No 3 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i3.16170

Abstract

The problem that will be examined in this research with the object of the ruling is variatively related to the fulfillment of labor rights in the LAYOFFS thus causing the uncertainty of law on the procedure and fulfillment of rights-normative rights in fulfilling the rights of the diPHK workers. Like one case PT. Hollit International, which in the first-level decision of the Tribunal judges rejected the suit of all rights of workers, but at the rate of appeal, the Tribunal cancelled the court of first degree, as the Industrial Relations Tribunal at the Central Jakarta District Court had misapplied the law. This research uses a qualitative research type that is the type of data and the analysis used is narrative, in the form of statements that use reasoning. Using a normative juridical approach, referring to the application of the law contained in a verdict and the law conceptualized as the norm or the rules applicable in society. The results show the demands of the rights of workers in LAYOFFS by the company, with the ruling that is not comprehensive and less synchronous between the manpower law and the ruling in the Industrial relations Court at the Central Jakarta District Court, causing uncertainties in the process of fulfilling the rights of workers. Kata kunci : Hak, Tenaga Kerja, Mutasi, Pemutusan Hubungan Kerja.  
Perlindungan Hukum Atas Pemutusan Hubungan Kerja Pada PT Halit International; Analisis Putusan Mahkamah Agung Nomor 971 K/P3DT. Sus-PHI/2018 Iis Apriyani; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i4.13906

Abstract

AbstractThis research was conducted because of the varied object of the decision related to the fulfillment of the rights of workers who were dismissed from work, causing legal uncertainty regarding procedures and fulfillment of workers' normative rights. Like one of the cases of PT. Hollit International, who in the first instance verdict of the panel of judges rejected the claim of all workers' rights, but at the cassation level, the panel of judges overturned the first instance because the Industrial Relations Court at the Central Jakarta District Court had incorrectly applied the law. This research uses qualitative research that is the type of data and analysis that is used is narrative, in the form of statements that use reasoning. By using a normative juridical approach, referring to the application of the law contained in a decision and the law which is conceptualized as a norm or norm that applies in society. The results of the research show that the court's decision on the claim of workers 'rights which is dismissed by the company is not comprehensive and is not synchronous between the Labor Law and the Decision in the Industrial Relations Court, causing legal uncertainty in the process of fulfilling workers' rights.Keywords: Rights, Labor, Mutation, Termination of Employment