KEBIJAKAN PEMUTUSAN HUBUNGAN KERJA MASA PANDEMI COVID-19 STUDI KASUS SERIKAT PEKERJA SELURUH INDONESIA DAERAH ISTIMEWA YOGYAKARTA

Rafi’ah, NIM: 17103080056 (2022) KEBIJAKAN PEMUTUSAN HUBUNGAN KERJA MASA PANDEMI COVID-19 STUDI KASUS SERIKAT PEKERJA SELURUH INDONESIA DAERAH ISTIMEWA YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARA.

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Abstract

The Covid-19 pandemic that has hit almost all countries in the world, including Indonesia, has had a negative impact on all sectors of the economy, health, tourism, education and even employment leading to legal policies. This is the Termination of Employment (PHK) carried out by employers caused by this pandemic. Many companies are unable to operate properly so that they suffer losses and are forced to lay off. This has an impact on increasing the number of unemployment and poverty. The problem in this research is how the legal protection efforts by the All Indonesia Workers Union (SPSI) Yogyakarta against workers or workers who are laid off but do not get workers' rights and severance pay in the view of Maqāṣhid Asy-syarī'ah and Law No. 13 of 2003 about Employment. The research method used in this study is using the field research method, namely research conducted directly or in the field at SPSI Yogyakarta. SPSI Yogyakarta is a private union organization in Yogyakarta formed from, by, and for workers, which is free, open, independent, democratic, and responsible in order to fight for, defend, and protect the rights and interests of workers and improve the welfare of workers and their families. This study uses a comparative descriptive analysis method, which describes all the existing problems clearly. Then concluded deductively. The results of this study explain that in the view of Maqāṣhid Asy-syarī'ah workers / laborers must receive life protection (an-nafs), property protection (al-mal), and demand their rights against companies that do layoffs. This is in accordance with the Manpower Act where both protect rights, the difference is that in the view of Maqāṣhid Asy-syarī'ah the protection emphasizes more on the contract agreement, while in the Manpower Act, workers/labourers who are laid off are obliged to obtain the following rights. her rights. SPSI Yogyakarta's efforts to fight for workers' rights to the company were carried out through consensus deliberation which resulted in the decision that the company was unable to fulfill all workers' rights because it was affected by the pandemic which was a force majeure and fluctuating financial conditions so that workers did not get the rights according to the work agreement. and workers were forced to accept the company's decision and did not report the Industrial Relations Dispute (PHI) lawsuit at the Manpower Office due to the impossibility of Covid-19 conditions.

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