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All Journal Syntax Idea Eduvest - Journal of Universal Studies
Muhammad Rizky Syamandiri
Universitas Tarumanagara
Aerospace Engineering Agriculture, Biological Sciences & Forestry Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Health Professions Neuroscience Social Sciences

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Juridical Study of Industrial Relations Dispute Resolution Mechanism Due to Unilateral Termination of Employment By PT. Bisa Group Muhammad Rizky Syamandiri
Syntax Idea 2082-2094
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v6i5.3249

Abstract

Arrangements related to the settlement of current relationship disputes are no longer considered to be able to accommodate and regulate various developments that occur, because the rights of individual workers / workers have not been fulfilled and protected properly in industrial relations disputes, especially such as industrial relations disputes caused by unilateral termination of employment by the company, where workers must lose and give up their jobs without obtaining the rights that should be accepted by the worker, and this is not in accordance with what is and regulated in the Manpower Law, as happened in the case of unilateral termination of employment (layoff) of an employee by the company PT. Can Group. Therefore, the formulation of the problem in this study is how legal protection for workers / laborers due to unilateral termination of employment by a company, and the method used in this study is a normative legal research method
Juridical Review the Effect of the Amendment of Law No. 13 of 2003 to Law No. 06 of 2023 On Termination of Employment (Layoff) Muhammad Rizky Syamandiri; R. Rahaditya
Eduvest - Journal of Universal Studies Vol. 5 No. 11 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i11.51458

Abstract

This study examines the juridical implications of amending Law No. 13 of 2003 to Law No. 6 of 2023 (Job Creation Law) on termination of employment in Indonesia. As a rechtsstaat country, Indonesia prioritizes the protection of constitutional rights, including workers' rights. However, the Job Creation Law has raised concerns regarding potential violations of workers' constitutional rights, particularly in termination of employment provisions. Using a normative juridical method with statutory, conceptual, and analytical approaches, this research analyzes problematic articles in the Job Creation Law that may contradict constitutional principles. The study finds that several provisions, including those on wages, working hours, employment contracts, and severance pay, have reduced workers' protections compared to the previous labor law. These changes potentially violate constitutional guarantees under Article 27(2) and Article 28D(2) of the 1945 Constitution. The research concludes that the Job Creation Law requires comprehensive evaluation and revision to ensure alignment with constitutional principles and adequate protection of workers' rights. This study contributes to the discourse on labor law reform and provides policy recommendations for strengthening constitutional protections in employment relations.
Co-Authors R. Rahaditya