ANALISIS PERLINDUNGAN HUKUM PEKERJA SAAT PANDEMI COVID-19 MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI PUTUSAN NOMOR 60/Pdt.Sus-PHI/2020/PN Gto)

Ghina Adellia Suryani, NIM.: 19103040120 (2023) ANALISIS PERLINDUNGAN HUKUM PEKERJA SAAT PANDEMI COVID-19 MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI PUTUSAN NOMOR 60/Pdt.Sus-PHI/2020/PN Gto). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines the occurrence of disputes over rights arising from Termination of Employment Relations between workers and the company during the Covid-19 pandemic which were not resolved amicably, so these disputes must be resolved through the courts contained in Decision Number 60/Pdt.Sus- PHI/2020/PN Gto. The Covid-19 pandemic has had an adverse impact on the economic sector in Indonesia, especially when the government issued new regulations regarding large-scale social restrictions (PSBB), this has led to industrial relations disputes. Therefore, it is necessary to have legal protection to guarantee labor rights and the basics of labor. Considering that the spread of the Covid-19 virus in Indonesia has had a major impact on the labor system in Indonesia which has resulted in many disputes occurring in work relations. The type of research used in this research is library research where the research is taken by searching data using various literature in order to draw a conclusion. This study uses a juridical-normative approach, namely an approach that is carried out with legal materials by examining theories, concepts, legal principles and statutory regulations. This research is descriptive analytic in nature, namely collecting data, giving an overview and explaining the data obtained which is then analyzed to draw conclusions using data collection techniques in the form of library research, namely data collection focused on searching data and information through documents. The results of this study state that first, when examined using the legal protection theory of termination of employment that occurs as a result of the Covid-19 pandemic which is part of a force majeure situation, this reason is also explained in Labor Law Number 13 of 2003 on Article Article 164 paragraph (3). For workers who experience termination of employment due to resignation will not receive severance pay. However, they will still get other rights in the form of separation money and compensation money from the company. Second, when viewed from the value of justice, it can be explained that justice in employment enters into distributive justice. The judge in deciding the case in this decision uses judex facti, which means the judge makes a decision based on real things that happened in the case. If this problem is analyzed using justice according to laws and regulations, it can be concluded that the basic rights of workers must still be fulfilled by the company. It must be discussed in advance by both parties so as to obtain a fair settlement for the parties concerned.

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