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All Journal Masalah-Masalah Hukum Pandecta Morality :Jurnal Ilmu Hukum Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan Pamulang Law Review Jurnal Konstitusi Refleksi Hukum: Jurnal Ilmu Hukum Legal Protection for the Partnership Agreement Parties Jurnal Ilmu Hukum Hukum Pidana dan Pembangunan Hukum
Mohamad Fandrian Adhistianto
Faculty of Law, Universitas Pamulang, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Pandecta

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The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence Mohamad Fandrian Adhistianto
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.41830

Abstract

Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance to serious misconduct as grounds for dismissal. This type of research is legal research using statutory approach and is carried out by searching for positive legal norms consisting of applicable laws and court decision related to termination of employment on the grounds of urgent violations apply based on Law Number 6 of 2023, although it has similar substance with gross misconduct as a reason for termination of employment in the provisions of Article 158 of Law Number 13 of 2003 which has been declared contrary to the 1945 Constitution so that it does not apply and has binding legal force based on the Constitutional Court Decision Number 012/PUU-I/2003.
Co-Authors Erma Hari Alijana Nunna, Bhanu Prakash Pahlawan MP, H Muhamad Rezky Siti Rohmah