Article Per Year (5 Year)
p-Index From 2021 - 2026
1.94
P-Index
This Author published in this journals
All Journal Journal of Law Science Jurnal Res Justitia : Jurnal Ilmu Hukum The International Journal of Politics and Sociology Research LEBAH Deposisi: Jurnal Publikasi Ilmu Hukum
Dian Samudra
Universitas Bina Bangsa
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

Published : 11 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 11 Documents
Search

 1   2 
Analisis Yuridis Sengketa Hak Pesangon Akibat Pemutusan Hubungan Kerja (PHK) Karena Mangkir Berulang Berdasarkan PP Nomor 35 Tahun 2021 Jo. Pasal 1365 KUHPERDATA Putri Sari; Dian Samudra
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 3 (2026): September: Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i3.6812

Abstract

Termination of Employment (PHK) due to repeated absenteeism often causes disputes between workers and employers, especially regarding the amount of severance rights. This study aims to analyze the juridical qualifications of severance rights disputes due to layoffs due to repeated absenteeism at PT EDS Manufacturing Indonesia Automotive Wire based on Government Regulation Number 35 of 2021, as well as examine workers' resistance actions after deadlock by referring to Article 1365 of the Civil Code. The research method uses an empirical legal approach with qualitative analysis. Primary data was obtained through interviews with Human Resources Development (HRD), while secondary data came from documentation and literature studies. The analysis was carried out in a qualitative descriptive manner by linking research facts and relevant legal provisions. The results of the study showed that layoffs were carried out after the company provided guidance through a Warning Letter (SP-1, SP-2, SP-3) to workers who were repeatedly absent. The dispute arose due to differences of opinion regarding the amount of post-layoff rights. The post-deadlock workers' resistance actions have not met the elements of unlawful acts because the conditions for unlawful acts, mistakes, losses, and causal relationships are not proven cumulatively. It is concluded that the dispute is more appropriately qualified as an industrial relations dispute regarding the fulfillment of workers' rights in accordance with Government Regulation Number 35 of 2021.
Co-Authors Achmad Nashrudin Priatna Asnawi Asnawi Asnawi Asnawi Astry Rahmalia Ayang Fristia Maulana Dani Darmawan Eli Apud Saepudin Fina Nurul Amanah Fitria Pertiwi Hanifah Hanifah M. Nassir Agustiawan Mochammad Novel Muhammad Sabda Aulia Mukhamad Nassir Agustiawan Pringgo Angga Wijaya Putri Sari Ratu Nabilah Afifah Ujang Hibar Ujang Hibar Wahyudi Wahyudi