ANALISIS YURIDIS PEMUTUSAN HUBUNGAN KERJA SECARA SEPIHAK TERHADAP PEKERJA KARENA PELANGGARAN BERSIFAT MENDESAK SESUAI PENGATURAN KETENAGAKERJAAN DI INDONESIA

Abstract

The termination of employment experienced by Syamsul Bachri Nasution, as the Plaintiff, was laid off unilaterally by the Company PT Armada Prima Nusantara as the Defendant. This case has been ongoing at the Jambi District Court and has permanent legal force as stated in Decision Number: 18/Pdt.Sus-PHI/2021/PN Jmb on September 15 2021. In this case the Plaintiff was accused of committing an act that defamed the company's name, so the Plaintiff reporting the Defendant to the Labor Inspectorate regarding the Defendant's policies and actions which reduced the Plaintiff's salary which was not in accordance with the provisions. This type of research is normative juridical research, which focuses on the analysis of the legal rules that apply in a particular legal system. The data source in this research is in the form of secondary data or literature study. Literature study uses primary, secondary and tertiary legal materials. The analytical method used is the normative juridical method, namely research by describing the conditions and facts about the research object. The research results show that legal protection for workers who experience unilateral layoffs by the PT Armada Prima Nusantara Company is as stated in Decision Number: 18/Pdt.Sus-PHI/2021/PN Jmb at the Jambi Jo District Court. Cassation Decision Number 223/K/Pdt.Sus-PHI/2022, namely that as a form of legal protection, the District Court Panel of Judges ordered the Defendant to pay the Plaintiff in accordance with the provisions of Article 40 Paragraph (2), Paragraph (3) and Paragraph (4) PP/35/2021 concerning the right to severance pay, service award pay, and compensation for rights amounting to Rp. 66,310,300 as a form of legal protection for the rights of workers who are disadvantaged.