Legal Protection For Employees Affected by Layoffs or Layoffs Reviewed From The Perspective of The Job Creation Law

Authors

  • I Nyoman Adi Muliana Kusuma Faculty of Law, Udayana University
  • I Nyoman Bagiastra Faculty of Law, Udayana University

DOI:

https://doi.org/10.22225/scj.8.1.2025.36-43

Keywords:

job creation law, legal protection, termination of employment

Abstract

The focus of this study is to analyze legal certainty for the relevant community regarding legal protection if affected by layoffs (Termination of Employment). This study applies normative legal research methods with a legislative, conceptual, and analytical approach. The conclusion of the study explained that legal certainty for people affected by layoffs undertaken by companies in order to obtain their rights as employees in the company and nationally in Indonesia refers to the Job Creation Law and Government Regulation Number 35 of 2021. Referring to the point of view of human rights, obtaining information and education, including the rights of the community, one of them fulfills it through the fulfillment of employee rights in the work agreement with the company.

References

Ahmadi, A. (2020). The economic impact of layoffs on families. Jakarta: Socio-Economic Studies.

Decision Number 1/Pdt.Sus-PHI/2024/PN Mnd.

Diantha, I. M. P., Dharmawan, N. K. S., & Artha, I. G. (2018). Legal research methods and dissertation writing (p. 4). Denpasar: Swasta Nulus.

Evans, L. (2021). Government support program for laid-off workers. Jakarta: Social Policy Research.

Laws and Regulations

Law Number 13 of 2003 concerning manpower.

Law Number 11 of 2020 concerning job creation.

Hananto, M. R., & Lie, G. (2024). Legal protection of workers' rights in unilateral termination of employment by companies (study of decision number 361/PDT. SUS PHI/2023/PN. JKT. PST). Unes Law Review, 6(4), 7.

Mansur, M. A. (2018). Legal protection for workers improperly dismissed. Journal of Business Law, 22(3), 301–320.

Maringan, N. (2015). Juridical review of the implementation of unilateral termination of employment (PHK) by companies according to Law No. 13 of 2003 concerning manpower. Journal of Legal Opinion Law, 3(3), 2.

The Constitution of the Republic of Indonesia. (1945).

Yuniar, R. W. (2020, May Day). Workers who were fired during the coronavirus pandemic cannot get severance pay; savings are 'exhausted'. BBC Indonesia. Retrieved January 25, 2025, from https://www.bbc.com/indonesia/indonesia-52488832

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Published

2025-06-11

Issue

Section

Articles