Audito Comparative Law Journal (ACLJ)
Vol. 6 No. 1 (2025): January

Legal Protection for Workers from Direct Termination of Employment by Employers: Legal Vagueness and Its Strengthening

Firjatullah, Muhamad Sulthan (Unknown)
Wasis, Wasis (Unknown)
Hidayah, Nur Putri (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

This research aims to find out how to analyze legal protection for workers against direct termination of employment by employers. The research method used in this research was the normative juridical research method, which used a statutory approach and conceptual approach in assessing legal protection for workers against direct termination of employment by employers. The results of this study conclude that the provisions of Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 do not provide preventive legal protection for workers because they do not provide an opportunity for workers to give their opinions before layoffs are carried out and the provisions of Article 52 Paragraphs (2) and (3) do not prevent layoffs. Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 conflict with Article 52. 35 Year 2021 conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, contradicts the consideration letters c and d of the Manpower Law, contradicts Article 4 letters c and d of the Manpower Law, and contradicts the general explanation of the Manpower Law, the actions categorized as urgent violations in the article are criminal acts, but the article does not regulate the requirement that this urgent violation be proven first through a court decision with permanent legal force so that it has also violated the principle of presumption of innocence.

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Journal Info

Abbrev

audito

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum ...