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All Journal Decisio: Jurnal Ilmiah Hukum Humaniorum Journal
Momon Mulyana
IBLAM School of Law
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Other

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Analisis Studi Kasus Pemecatan Sepihak oleh Perusahaan Swasta Hardo Sudiatmo; Momon Mulyana
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.49

Abstract

This study, entitled “Case Study Analysis of Unilateral Termination by Private Companies”, aims to analyze the regulation of employment termination (PHK) under Indonesian labor law and examine the impact of unilateral dismissal on workers through case studies in the private sector. The research employs a normative juridical approach by reviewing provisions in Law No. 13 of 2003 on Manpower, Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the Job Creation Law, and Government Regulation No. 35 of 2021, combined with empirical analysis of actual cases in private companies. The findings reveal that employment termination requires valid reasons, proper procedures, and legal protection for workers. In practice, however, unilateral dismissals are still frequently carried out on grounds inconsistent with legal provisions, resulting in legal uncertainty and liability for compensation on the part of employers. Furthermore, the enforcement of industrial relations court decisions is not always effective, creating a legal vacuum in execution mechanisms and a gap between normative ideals and practical realities. Therefore, strengthening regulations on the execution of industrial relations decisions and raising legal awareness among employers and employees are necessary to ensure legal certainty and the protection of workers’ rights.
Integrasi Pengaturan Jaminan Pensiun, Pesangon Dan Perlindungan Hak Pekerja dalam Sistem Jaminan Sosial Nasional Dwi Yulianta; Momon Mulyana
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.154

Abstract

The protection of workers’ rights at the end of employment in Indonesia is implemented through two main instruments, namely severance pay under labor law and pension security under the National Social Security System. However, the regulation of these two instruments still operates separately, resulting in overlapping functions, legal uncertainty, and protection mechanisms that are not systematically integrated. This study aims to analyze how regulatory reform can be carried out to integrate or harmonize pension security and severance pay without reducing the protection of workers’ rights, as well as to examine the legal, social, and economic implications of such reform for workers, employers, and the government. The research method used is normative legal research with statutory and conceptual approaches, through the analysis of relevant primary and secondary legal materials. The findings indicate that the most appropriate regulatory reform should be conducted through partial integration with a clear division of protective functions, by positioning pension security as the primary instrument for protecting workers against the risk of income loss due to normal retirement, while severance pay remains as transitional compensation for termination of employment before retirement age. Such reform would improve legal certainty and sustainability of protection for workers, restructure employment obligations and labor costs for employers, and require regulatory harmonization and strengthening of the social security system for the government.
Co-Authors Dwi Yulianta Hardo Sudiatmo