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PELAKSANAAN EKSEKUSI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL: STUDI PUTUSAN NOMOR 46/Pdt.Sus-PHI/2025/PN Yyk
This study examines the obstacles to the implementation of the execution of the Industrial Relations Court (PHI) decision in the case of the fulfillment of workers' severance rights. The problem of the research departs from the tension between the executory nature of court decisions that have permanent legal force (inkracht) and the reality of employers' non-compliance and judicial administrative constraints that cause delays in the restoration of workers' rights. This research aims to: (1) identify and analyze the obstacles that cause the execution of the Industrial Relations Court Decision Number 46/Pdt.Sus-PHI/2025/PN Yyk to be implemented directly; (2) to know and analyze the legal remedies carried out by the worker as the execution applicant so that the Industrial Relations Court Decision Number 46/Pdt.Sus-PHI/2025/PN Yyk can be implemented and the rights of workers can be fulfilled. This research is an empirical juridical research with a case study approach based on field interviews and legal document studies. The research data in the form of primary data and secondary data were analyzed descriptive-analytically using Philipus M. Hadjon's Legal Protection Theory as the Grand Theory and John Rawls' Justice Theory as the Middle Theory. The results of the study show three main findings. First, the obstacles to the execution were caused by two factors, namely external factors in the form of non-compliance by PT Cahaya Pranawidya Permai in not implementing the agreement on the results of the second settlement due to financial difficulties, and internal factors in the form of administrative obstacles in the court due to the high case load (case overload). Second, judging from the Legal Protection Theory, these obstacles show that the protection of repressive laws has not been running optimally. Analysis using John Rawls' Theory of Justice shows that the obligation of workers to track company assets independently and the delay of about 1.5 months after the termination puts workers in a disadvantaged position as the most disadvantaged party, so that the use of severance pay rights to restore their economic condition is delayed. Third, the legal measures taken were carried out through an accommodative approach by providing time tolerance to the company, which ultimately succeeded in restoring workers' rights through the full payment of severance pay of IDR 59,113,000 on April 10, 2026. If the payment is not implemented, the procedural law still provides for further efforts in the form of confiscation and auction of assets through the KPKNL to ensure the fulfillment of workers' rights according to the court decision.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PELAKSANAAN EKSEKUSI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL: STUDI PUTUSAN NOMOR 46/Pdt.Sus-PHI/2025/PN Yyk (Text)
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