TINJAUAN YURIDIS TENTANG KETIDAKPASTIAN KERJA AKIBAT HUBUNGAN KEMITRAAN (STUDI PUTUSAN PENGADILAN NEGERI TANJUNGPINANG NOMOR: 14/PDT.SUS-PHI/2016/PN.TPG).

Cahya Kurniawan, NIM.: 19103040020 (2023) TINJAUAN YURIDIS TENTANG KETIDAKPASTIAN KERJA AKIBAT HUBUNGAN KEMITRAAN (STUDI PUTUSAN PENGADILAN NEGERI TANJUNGPINANG NOMOR: 14/PDT.SUS-PHI/2016/PN.TPG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Employment agreement is a legally binding contract between an employee and an employer. The terms and conditions within it are crucial to be understood when both parties intend to bind each other. PT. Harap Panjang, as one of the many employing companies, also applies the same principle to its employees. Andesco, as one of its employees, revealed that he was engaged in an employment relationship. However, after working for 3 years and 8 months, he experienced an arbitrary termination of employment by PT. Harap Panjang, the company where he worked. This research is a library research with a descriptive analytical nature that explains the importance of clarity in the employment relationship and partnership for all parties involved. The primary data source used is an analysis of the verdict of the Tanjungpinang District Court Number: 14/PDT.SUS PHI/2016/PN.TPG. Additionally, the primary data used for analysis includes the 1945 Constitution of the Republic of Indonesia, Law Number 13 of 2003 concerning Manpower, Law Number 20 of 2008 concerning Micro, Small, and Medium Enterprises, the Civil Code, and Tanjungpinang District Court Verdict Number: 14/PDT.SUS PHI/2016/PN.TPG. The results of this research that Tanjungpinang District Court Number: 14/PDT.SUS PHI/2016/PN.TPG. is appropriate and fair and provides legal certainty to the plaintiff and the defendant on the basis of several factors. First, the material compensation due to the termination of employment filed by Andesco amounts to Rp. 68,940,000 with details in accordance with Article 156 paragraph (2) jo. Article 164 paragraph (3) of Law Number 13 of 2003 concerning Manpower. However, based on the legal evidence found, the judge considered that the obligation of compensation claimed by Andesco does not have to be fulfilled by PT. Harap Panjang. This is because from the beginning, the agreement between the two parties was not an employment relationship but a partnership relationship. Second, it is essential for all parties to understand that there are differences between an employment relationship and a partnership relationship based on the provisions of Article 1 and 50 of the Law on Manpower. Considering the partnership pattern used by PT. Harap Panjang, the subcontracting pattern matches.

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