Perlindungan terhadap Hak-hak Karyawan dalam Kepailitan Perseroan

Abstract

Bankruptcy or dissolution of a corporation will adversely affect the protection of rights and the future of its employees. Interests of employees of a company that declared bankruptcy was related to the payment of wages and severance. Although the employee was placed as a preferred creditor who already have the right privilage, who will receive the first priority for the company in bankruptcy, but the property company as an insolvent debtor can not pay bills sometimes its debts, in the form of salaries and severance payments to employees as creditorspreferred. The formulation of the problem in this study the authors formulate the 3 (three) who studied the issue as follows: How does the legal liability imposed due to the bankruptcy decision. How legal protection of the rights of employees in the company's bankruptcy. How does the authority of the commercial court in prosecuting claims of employees over wages or severance pay is not paid by the corporation. This study uses normative legal research methods with an approach that is qualitative, which refers to the values and norms of law contained in the legislation. As the primary legal materials used in this study is Law No. 37 Year 2004 on Bankruptcy and Suspension of Payment. The conclusion ofthis study isdue tothe limitedliability company lawwas sentenced to bankruptcy in the bankruptcy case of limited liability legal entity after the end of bankruptcy, the company broke upor notdependson the judge's decision. Legal protection ofemployees' rightsin bankruptcy,the company is to protectthe rights and interests of employees as corporate stakeholders. The authority ofthe commercial courtin demandson employee wages orseverance payisnot paid by the company in moving the absolute authority of the (absolute) ofthe generalcourttoexamine the bankruptcy petition Suggestions in this research to be expected of the judges who handle cases of wage claims of employees and severance pay, through the commercial court is expected to pay more attention to the rights and the fate of employees who generally have low or financial position. It is hoped in future the makers of Law will also pay more attention to longer interests of employees. That with the enactment of Law No. 37.24 of 2004 to provide protection for employees as corporate stakeholders.

Bankruptcy or dissolution of a corporation will adversely affect the protection of rights and the future of its employees. Interests of employees of a company that declared bankruptcy was related to the payment of wages and severance. Although the employee was placed as a preferred creditor who already have the right privilage, who will receive the first priority for the company in bankruptcy, but the property company as an insolvent debtor can not pay bills sometimes its debts, in the form of salaries and severance payments to employees as creditorspreferred. The formulation of the problem in this study the authors formulate the 3 (three) who studied the issue as follows: How does the legal liability imposed due to the bankruptcy decision. How legal protection of the rights of employees in the company's bankruptcy. How does the authority of the commercial court in prosecuting claims of employees over wages or severance pay is not paid by the corporation. This study uses normative legal research methods with an approach that is qualitative, which refers to the values and norms of law contained in the legislation. As the primary legal materials used in this study is Law No. 37 Year 2004 on Bankruptcy and Suspension of Payment. The conclusion ofthis study isdue tothe limitedliability company lawwas sentenced to bankruptcy in the bankruptcy case of limited liability legal entity after the end of bankruptcy, the company broke upor notdependson the judge's decision. Legal protection ofemployees' rightsin bankruptcy,the company is to protectthe rights and interests of employees as corporate stakeholders. The authority ofthe commercial courtin demandson employee wages orseverance payisnot paid by the company in moving the absolute authority of the (absolute) ofthe generalcourttoexamine the bankruptcy petition Suggestions in this research to be expected of the judges who handle cases of wage claims of employees and severance pay, through the commercial court is expected to pay more attention to the rights and the fate of employees who generally have low or financial position. It is hoped in future the makers of Law will also pay more attention to longer interests of employees. That with the enactment of Law No. 37.24 of 2004 to provide protection for employees as corporate stakeholders.