ANALISIS YURIDIS PELAKSANAAN PERJANJIAN KERJA ANTARA PENGUSAHA DENGAN PEKERJA/BURUH DI MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19)

Handika Faqih Nugroho, NIM.: 17103040124 (2021) ANALISIS YURIDIS PELAKSANAAN PERJANJIAN KERJA ANTARA PENGUSAHA DENGAN PEKERJA/BURUH DI MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

An agreement is an important instrument in binding parties to carry out the rights and obligations of the interests of the parties in accordance with Article 1313 of the Civil Code which states that an agreement is an act in which one or more people bind themselves to one or more other people. In December 2020, China was shocked by the emergence of a deadly virus called Corona Virus Disease 2019 (COVID-19). In March 2020 the World Health Organization declared COVID-19 as a global pandemic that has an impact on all sectors of the country, of course in this case the labor sector, especially employment agreement affected by this virus. Seeing the massive spread of COVID-19, the government did not remain silent, so that several policies emerged to narrow the spread of COVID-19, some of which were physical distancing, work from home, and Large-Scale Social Restrictions, which of course would have an impact on the sustainability of the implementation of employment agreement. because the space or mobility between employers and workers is limited. The problems in this research include: How is the implementation of the work agreement that has been agreed by employers and workers / laborers during the COVID-19 pandemic? and what solutions are used between employers and workers / laborers regarding the contents of employment agreementthat have been mutually agreed upon due to the COVID-19 pandemic? To study and answer these problems, this study uses a juridical-normative approach with the method of collecting library research data that is relevant to agreements in general, employment agreement during the COVID-19 pandemic, and new regulations that have an impact on the implementation of employment agreement. The collected data were analyzed descriptively-analytically. The theoretical framework used in this research is agreement theory, employment agreement theory, and Pancasila industrial relations theory. The result of this research is that the COVID-19 pandemic has had a huge impact on the implementation of employment agreement as evidenced by the drastic increase in unemployment and layoffs. Apart from providing policies for physical distancing, work from home, and PSBB However, the government in the labor sector provides concessions for companies on condition that they provide facilities that can minimize the spread of the virus and the government also provides stimulus to companies affected by COVID-19. The government has designated COVID-19 as a national disaster through Presidential Decree 12/2020. Thus, companies that are able to carry out government regulations and get stimulus, but do not carry out their achievements, will result in default for one of the parties. Companies that are unable to carry out their achievements due to force majeure due to COVID-19, then one of the parties who cannot carry out their achievements, then that party, then an overmacht occurs,

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