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Journal : Humaniorum Journal

Putusan Mahkmah Konstitusi tentang Upah Layak: Harapan Baru bagi Dunia Ketenagakerjaan Indonesia Irayadi, Muhamad
HUMANIORUM Vol 2 No 4 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i4.70

Abstract

The Constitutional Court's ruling on living wages is an important milestone in Indonesian labour policy. This study analyses the effectiveness of the implementation of the ruling and the factors that influence its implementation. Despite providing new hope for workers, the implementation still faces challenges, such as different interpretations of living wages between the government, employers, and labour unions, as well as economic instability that affects companies' ability to fulfil wage requirements. In addition, weak supervision and law enforcement lead to companies' non-compliance with labour policies. To improve the effectiveness of implementation, a collaborative approach between the government, employers and trade unions through constructive dialogue and policies that are adaptive to economic conditions is needed. This research recommends strengthening cooperation between stakeholders, increasing public awareness of labour rights, and stricter law enforcement to ensure effective and sustainable implementation of living wages.
Analisis Yuridis Upah di Bawah Upah Minimum sebagai Hitungan Pesangon Pemutusan Hubungan Kerja yang Diputus oleh Pengadilan Hubungan Industrial Kohar, Kohar; Irayadi, Muhamad
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.84

Abstract

Wages are the rights of workers/laborers received and stated in the form of money as compensation from employers or employers to workers/laborers, as happened to worker Neni Kartika who was paid wages below the minimum wage of Bogor Regency in 2021 and during work there was a dispute related to the employment relationship which resulted in Termination of Employment, therefore Worker Neni Kartika filed a lawsuit for Termination of Industrial Relations Dispute to the Industrial Relations Court, but the Panel of Judges issued a Decision in which the severance pay for termination of employment was calculated based on wages below the minimum wage of Bogor Regency in 2021, because the Panel of Judges was of the opinion that it had been agreed upon by the PT. Sung Bo Jaya Workers Union with PT. Sung Bo Jaya regarding the wages, it is very clear that it is very contrary to the labor law where the Wages agreed upon by the PT. Sung Bo Jaya Workers Union with PT. Sung Bo Jaya have nothing to do with worker Neni Kartika because Wages are Workers' Rights and there is no agreement between Worker Neni Kartika or the GSPMII PT. Sung Bo Jaya Workers Union with PT. Sung Bo Jaya, the problem arises, namely How are Workers'/Laborers' Wage Rights in Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation and How are Wages below the Minimum Wage As a calculation of severance pay, using the research method used by the author is Normative legal research, namely research on the application of law, and the author concludes that the Panel of Judges' considerations are wrong and do not carefully apply the law in providing their legal considerations.
Analisis Yuridis Pemutusan Hubungan Kerja Yang Diputus Daluarsa Oleh Pengadilan Hubungan Industrial studi kasus putusan Nomor : 26/Pdt.Sus-PHI/2024/PN.SRG Risdianto, Eko; Irayadi, Muhamad
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.87

Abstract

Termination of Employment is any kind of termination of employment of workers/laborers. Termination to obtain a livelihood, termination to finance the family and termination period for medical expenses, recreation and others, Some disputes over termination of employment are actually limited by a 1 year expiration period to make efforts to resolve disputes in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes, therefore in order to obtain the right to severance pay for Termination of Employment carried out by the company, the Workers filed a Termination of Employment Dispute Lawsuit to the Industrial Relations Court whose decision has expired, for that the problem is How is the Process of Termination of Employment Disputes in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes and What is the deadline for filing a termination of employment lawsuit in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes and the Constitutional Court Decision Number 94 / PUU-XXI / 2023 which was decided on February 29, 2024. The research method used in the author is normative legal research, namely, research on the application of law with a discussion of the Company's Actions that terminated the Employment of Andi Wiyono on the grounds that he was considered absent and to Indra Witanto on the grounds In connection with the action, persuading and ordering other employees not to accept sanctions given by the Company, the conclusion of which is that the Industrial Relations Court Decision which was decided to be out of date does not include the reasons regulated in Article 82 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes.