PEMUTUSAN HUBUNGAN KERJA ALASAN EFISIENSI PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 19/PUU-IX/2011 TANGGAL 20 JUNI 2012
| Main Author: | Fadianty, Lorita |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
|
| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss1/4 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1038&context=dharmasisya |
Daftar Isi:
- Economic instability sometimes causes companies to terminate employment for reasons of efficiency based on Article 164 paragraph 3 of Law No.13 of 2003 concerning Manpower in order to save the company. Termination of employment reasons for efficiency as stipulated in Article 164 paragraph 3 of Law No.13 of 2003 concerning Manpower has been made Judicial Review to the Constitutional Court. The Court Decision No.19/PUU-IX/2011 dated June 20, 2012 states that the termination of employmen with efficiency reason can be done if the company is closed permanently.Conversely,in several Supreme Court decisions and practices in several companies,termination of employment with efficiency reasons can be done without having to close the company permanently as long as the implementation does not violate statutory provisions. The existence of these two different decisions resulte din thee mergence of legal uncertainty and injustice both from the employers and workers side so that the author intends to examine more deeply about application of termination for efficiency reason post- Constitutional Court Decision and its relation to the rights of employers and workers. The research method carried out in this paper is normative juridical based on library materials and secondary data.The results of this paper finally conclude that the efficiency without the company permanently closes can be done in order to save the company,especially,efficiencyis the right of employers and termination of employment with reasons for efficiency are not prohibited by the ManpowerLaw.