ANALISIS PERLINDUNGAN HUKUM HAK BURUH DALAM PERUSAHAAN YANG DINYATAKAN PAILIT MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Abstract

Along with the times, many companies cannot maintain their existence and experience bankruptcy. This greatly impacted the workers / workers. With the formulation of the problem: (1) What are the provisions governing the rights and obligations of workers towards companies declared bankrupt? (2) What is the legal protection for workers/laborers who are declared bankrupt? (3) What should be the legal protection for workers/ labourers if the company goes bankrupt in the future? Using the normative juridical research method, the following results are obtained: (1) Provisions for termination of employment (PHK) due to a company going bankrupt are regulated in Article 81 point 42 of Law Number 11 of 2020 concerning Job Creation. The law inserts Article 154A in Article 154 of Law Number 13 of 2003 concerning Manpower. Article 154A paragraph 1 letter f stipulates that termination of employment can occur, one of which is because the company is bankrupt. The rights of workers who have been laid off due to bankruptcy are regulated in Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Rest Time, and Termination of Employment. In Article 47. (2) In terms of legal protection, workers can be said to be special creditors only when it comes to issues of wages that have not been paid to workers by employers when workers work until they get laid off. So workers' wages take precedence over separatist creditors and concurrent creditors. (3) It is hoped that in the future legislators will also pay more attention to the interests of workers/laborers and not make laws that overlap and give rise to multiple interpretations, especially in procedural law regarding the authority of a judicial body to trying a case, bearing in mind that in procedural law in Indonesia if a case is submitted to an unauthorized judicial body it will cause the case to be declared inadmissible without further examining the substance of the case, which will result in the failure of law enforcement in Indonesia. In addition, with clear authority from the judiciary which will handle a case, it will also provide legal certainty not only to the company's employees but also to the company where the employee works. After doing the research, the authors have suggestions, namely: For the government, the Bankruptcy Law and Labor Regulations should be more significant in resolving workers' rights, because there is no maximum time limit for fulfilling workers' rights, and only mentions the position of workers as a creditor and the details to be obtained, without any legal sanctions if workers' rights are not fulfilled. There should be guarantees for workers who are terminated regardless of the existence of bankrupt assets, because termination of employment due to bankruptcy and other causes that cause workers to be terminated must be different.