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All Journal PALAR (Pakuan Law review) Madani: Multidisciplinary Scientific Journal
Zahranisza, Ayzza Rachma
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Jaminan Pemberian Pesangon Terhadap Karyawan Yang Terdampak Pemutusan Hubungan Kerja (PHK): Studi Kasus PHK Massal Shopee Indonesia Tahun 2023 Zahranisza, Ayzza Rachma; Fakhira, Regita; Safitri, Zahra Awaliany; Fachri, Amanda Maharani
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11520005

Abstract

Termination of Employment  is a common event that occurs in the employment sector. The provisions for layoffs are regulated in Law Number 13 of 2003. This research aims to analyze the guarantee mechanism for providing severance pay to employees affected by termination of employment and analyze the level of company compliance in providing severance pay to employees affected by termination of employment using normative juridical methods. The results of the research explain the termination of employment relations that occurred in Indonesia, which highlights the case of mass termination of employment relations that occurred at Shopee Indonesia. The layoffs carried out by this company went well and in accordance with the laws in force in Indonesia, including the severance pay received by workers affected by the layoffs. Based on this, it can be concluded that the implementation of the rules regarding layoffs is quite good, although there are still efforts to continue to address this issue.
The Urgency Of Applying The Principle Of "Debt Forgiveness" For Individual Debtors Of MSME Owners In The Bankruptcy Process Zahranisza, Ayzza Rachma; Joesoef, Iwan Erar
PALAR (Pakuan Law review) Vol 12, No 1 (2026): Volume 11, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.12925

Abstract

Abstract Individual debtors, especially MSME owners, are often trapped in bankruptcy situations that cannot be resolved due to insufficient assets to pay outstanding debts to creditors. Substantially, this debt burden persistently shackles individual debtors. Damage to their financial reputation, coupled with the possibility of future lawsuits, significantly limits their ability to regain a decent economic life after the bankruptcy process is completed. The purpose of this study is to analyze the urgency of applying the principle of “debt forgiveness” that can provide justice for debtors and creditors in the bankruptcy process, especially for individual debtors who own MSMEs. The research method used is normative juridical with a case approach and a regulatory approach using secondary data sources. The results of the study indicate that in order to achieve a balance between debtors and creditors, needs to be a mechanism for applying the principle of “debt forgiveness” that provides relief for debtors to be able to write off all or part of their remaining debt, which can be proven by good faith and the limited financial capacity of debtors who have remaining debt from the failure of their MSME. This will provide debtors with the opportunity to rebuild their economic lives without constantly being overshadowed by the demands of past outstanding debts. Keywords: The Principle of “Debt Forgiveness”, Individual Debtors, MSME Owners, Bankruptcy.
Co-Authors Fachri, Amanda Maharani Fakhira, Regita Iwan Erar Joesoef Safitri, Zahra Awaliany