Kajian Hukum terhadap Tanggung Jawab Yayasan dalam Pemutusan Hubungan Kerja (Studi Kasus pada Putusan Nomor 5/Pdt.Sus-PHI/2023/PN Ptk)

Abstract

An employment relationship is a legal relationship carried out by at least two legal subjects regarding a job, in the implementation of which the employment relationship often occurs unilaterally and results in the rights that should be obtained by the employee not being fulfilled by the employer. If workers are harmed by more than two employers, then the employers can be held jointly liable. This thesis answers the forms of employment agreements and their legal provisions in Indonesia, whether the joint responsibility of the Foundation for workers' rights in the event of unilateral termination of employment is justified according to Indonesian law, and what is the legal analysis of the case of the joint responsibility of the Foundation for termination of employment in decision No 5/Pdt.Sus-PHI/2023/PN Ptk. The research method used is qualitative research with a normative juridical type of research using a statutory regulatory approach. The research source used in this research is tertiary data collected through literature study, then the data is analyzed using qualitative analysis methods. The results of the research showed that work agreement regulations in Indonesia have provided an understanding to better understand the forms of work agreements and the general concept of work agreements. Employment agreement regulations are regulated in the employment law, but are also regulated in the Civil Code. From the research results, it was found that the judge made an error in decision no. 5/Pdt.Sus-PHI/2023/PN Ptk, because the Pontianak Representative Blue Forest Foundation was only a branch or representative that did not have a separate legal entity and did not have its own deed of establishment, then the Blue Forest Foundation Pontianak representatives are legally considered part of the Blue Forest Foundation based in the city of Makassar. So the Blue Forest Foundation and the Pontianak Representative Blue Forest Foundation are still one entity.