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Rahmadani, Gema
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Journal : JURNAL MERCATORIA

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Legal Analysis of the Judge's Considerations in Supreme Court Decision Number 123 K/Pdt.Sus-PHI/2022 concerning Termination of Employment due to Company Efficiency Affan, Ibnu; Rahmadani, Gema
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16470

Abstract

This study aims to analyze the judges' considerations in Supreme Court Decision Number 123 K/Pdt.Sus PHI/2022 regarding termination of employment (PHK) due to efficiency, particularly in the context of worker protection, legal certainty, and the application of labor norms. The study uses a normative juridical method with an approach of analyzing court decisions and legal literature. The results of the analysis show that the judge emphasized that termination of employment due to efficiency is legally valid if the employer can prove the existence of losses or potential losses to the company and has fulfilled the rights of workers, including severance pay, length of service awards, and compensation in accordance with PP 35/2021. The judges' considerations reflect the application of Law 13/2003, PP 35/2021, as well as the principles of worker protection, justice, and legal certainty, although the standard of proof for efficiency remains relatively flexible. This study concludes that the decision provides legal certainty for employers as well as adequate protection for workers, but requires consistent supervision and enforcement to maintain the principle of substantive justice. . While this ruling provides legal certainty for the disputing parties, academically, we need to examine the Ratio Decidendi, or the judge's underlying reasoning. The question is: How does the judge determine the threshold at which a company is deemed "efficient" enough to lay off workers? Without strict criteria, the rationale of efficiency risks becoming a "convenient tool" for companies to unilaterally terminate employment.
Legal Study of Bankruptcy in Indonesia: Study of Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jkt.Pst Rahmadani, Gema; Putri, Elfirda Ade; Fitriani, Fitriani
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16471

Abstract

This study aims to analyze the legal position of debtors and creditors in bankruptcy cases and assess the judge's considerations in Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jakarta Pusat, particularly the extent to which these considerations are in accordance with applicable legal norms. The research method used is normative juridical, with an approach based on legislation, court decisions, and legal literature related to bankruptcy. Data was obtained through document studies and court decisions, then analyzed qualitatively to assess the balance of debtor and creditor rights and the consistency of the decision with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The results of the study show that debtors who are declared bankrupt experience restrictions on their property rights, while creditors obtain legal certainty through the mechanism of appointing a curator and distributing assets. The judges' considerations emphasize the examination of evidence, the right to be heard, and the principle of substantive justice, so that the decisions are generally consistent with applicable legal norms. This research contributes to the understanding of bankruptcy law practices in Indonesia and serves as a reference for efforts to resolve disputes between debtors and creditors in a fair and transparent manner.
Co-Authors Achyar Zein, Achyar Ali, Siti Husniyyah AR, Azhari AR, Zulkifli Daud Syah, Teuku Elfirda Ade Putri Faisar Ananda Arfa, Faisar Ananda Fitriani Fitriani Ibnu Affan Irham, M. Iqbal Irham, Muhammad Iqbal Lubis, Fauziah Lubis, Mhd. Ansori Muhammad Faisal Muhammad Faisal Hamdani Muhammad Syukri Albani Nasution Nawir Yuslem, Nawir Pagar, Pagar Pagar, Pagar Panjaitan, Budi Sastra Rokan, Mustafa Kamal Syarifuddin Syarifuddin Victoria, Ong Argo Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Zulkarnain Nasution