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All Journal Jurnal Res Justitia : Jurnal Ilmu Hukum Media Hukum Indonesia (MHI)
Lamonsya, Muhamad Nabil
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Law, Crime, Criminology & Criminal Justice

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KAJIAN NORMATIF TERHADAP KEBIJAKAN PEMUTUSAN HUBUNGAN KERJA (PHK) DALAM SITUASI KRISIS EKONOMI Lamonsya, Muhamad Nabil; Fatriani, Fenny
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v5i1.236

Abstract

During economic crises, where companies are forced to lower their operating costs, layoffs are a frequent problem. Using a normative approach, this study aims to analyze policies related to termination of employment (PHK) in Indonesia. This study examines the conformity of termination policies with applicable regulations, such as the Manpower Law and other relevant regulations, as well as the principle of fairness for employers and workers. Layoffs are often the last resort in economic crisis situations, but they often cause conflicts of interest between companies and workers. The study found that the termination of employment policy (PHK) must be implemented for clear reasons and in accordance with legal procedures. In addition, they must consider the balance between business continuity and the protection of workers' rights.
Konflik Preferensi Negara dan Pemegang Hak Tanggungan dalam Kasus Sita Pajak di KPKNL Surabaya Jalil, Moh Fadhel Abd; Lamonsya, Muhamad Nabil; Chivalry, Muhammad Alisra; Maulana, Puja; Najmudin, Nandang
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study examines the conflict between the state’s right of priority over tax debts and the position of the holder of a security right in the execution of collateral, focusing on a case of tax seizure that obstructed an auction at the State Asset and Auction Service Office in Surabaya. The main issue arises from the overlapping authority between tax officials and the state auction office when collateral already encumbered with a security right is also subjected to seizure due to the debtor’s outstanding tax obligations. The purpose of this study is to explain the legal standing of each party, assess the practical handling of auctions in real cases, identify the implications of this priority conflict for legal certainty for creditors, and formulate recommendations for more harmonious regulatory arrangements. The research method used is a normative legal approach supported by empirical analysis of auction practices, including the review of documents and field observations. The findings indicate that although the holder of a security right has priority in debt repayment, the application of the state’s priority over tax obligations often delays or hinders the execution of collateral, creating legal uncertainty and financial risks for creditors. Furthermore, inconsistencies between tax regulations and security law contribute to procedural confusion in the auction process. This study concludes that regulatory reconstruction is necessary to clearly govern the relationship between the state’s priority rights and security rights to avoid authority conflicts and ensure legal protection and certainty for all parties involved.
Co-Authors Chivalry, Muhammad Alisra Fenny Fatriani Jalil, Moh Fadhel Abd Maulana, Puja Nandang Najmudin