Perlindungan Hukum Atas Hak-Hak Pekerja yang Terkena Pemutusan Hubungan Kerja (PHK) Sepihak (Studi Putusan Nomor 83/Pdt.Sus-PHI/2020/PN.Mdn dan Putusan Nomor 105/Pdt.Sus-PHI/2021/PN.Mdn)

Abstract

A company is justified in terminating workers if the reasons and procedures comply with the Labor Law. However, if workers are unilaterally dismissed without following the proper procedures, such actions are not permissible. This research addresses whether decreased productivity can be a valid reason for unilateral termination by the company, the mechanisms for termination of employment based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning Job Creation, and the legal considerations of the panel of judges regarding the legal protection of workers' rights in the unilateral termination in Decision Number 83/Pdt.Sus- PHI/2020/PNMdn and Decision Number 105/Pdt. Sus-PHI/2021/PNMdn.

This study is normative juridical legal research with a descriptive analytical nature. The data used are secondary data consisting of primary. secondary, and tertiary legal materials. Data collection techniques and tools are conducted through literature studies. Data analysis is carried out using qualitative analysis methods.

The research findings reveal that the judges, in granting the rights of workers unilaterally terminated in Decision Number 83/Pak Sacs- PHI/2020/PNMdn and Decision Number 105/Pdt.Sus-PHI/2021/PNMan, refer to the Labor Law, despite the Job Creation Law of 2020 being in effect. The conclusion of this research is that decreased productivity can be a valid reason for unilateral termination by the company according to the Labor Law for reasons of efficiency and company closure. In contrast, Law No. 6/2023 (Job Creation Law) includes an additional reason for efficiency, allowing efficiency without requiring company closure as a preventive measure against losses. The mechanism for termination of employment according to the Labor Law must be negotiated directly between the employer and the worker, whereas the mechuamiom under Law No. 6/2023 (Job Creation Law) Article 151(3) and (4) atipulates that termination does not have to go through a determination by the Indhustrial Relations Court (PHI). The legal considerations of the judges regarding the legal protection of workers' rights in sunilateral termination in Decision Number 83/Pdt.Sus-PHI/2020/PNMdn and Decision Number 105/Pult Sher- PHI/2021/PNMdn were to grant the plaintiffs their rights according to the Labor Law. These decisions are deemed adequate in providing legal protection fo

workers' rights in unilateral termination by granting their rights, even though the

legal basis used by the judges did not apply the Job Creation Law (Lave No

2/2020), which was already in effect at that time.