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I Nengah Sucipta Angga Putra; I Gusti Ayu Eviani Yuliantari; Putu Eva Ditayani Antari; Kadek Januarsa Adi Sudharma

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research aims to analyze the legal protection of workers' rights during Termination of Employment (PHK) due to company bankruptcy, as well as assessing the conformity between applicable legal provisions and practice in the field. The method used is normative legal research with a statutory and factual approach. The research examines various legal regulations related to employment and bankruptcy, as well as the implementation of these regulations in resolving employment disputes. The research results show that the regulation of layoffs according to Law Number 6 of 2023 concerning Job Creation emphasizes that layoffs are the termination of the employment relationship due to certain things which result in the end of the rights and obligations between workers and employers which is a last resort. In practice, however, workers often experience difficulties in obtaining their normative rights, especially when companies face financial instability or insolvency. Then the responsibilities that can be carried out by companies to realize fair legal protection for workers are divided into 2 (two) efforts, namely preventive and repressive. Preventive efforts include compliance with labor regulations and transparent communication, while repressive efforts are carried out through dispute settlement and fulfillment of workers’ compensation rights. This research confirms the existence of a gap between legal norms and practice in the field. Therefore, it is necessary to increase legal awareness and strengthen regulatory enforcement to ensure the fulfillment of the rights of workers affected by layoffs.

Lia Rahmawani Dalimunthe; Indra Afrita; Robert Libra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

In article 157A of Law Number 6 of 2023 that in the process of termination of employment, employers and permanent workers must carry out their respective obligations, employers can carry out suspension actions and still pay wages and other rights, but in reality employers rarely apply article 157A. The purpose of the research is to analyze the Implementation, Obstacles and Efforts on Workers' Rights in Wage Payment During the Termination of Employment Process at Palm Oil Company in Siak Regency. This type of research is Sociological legal research. In this research, three approaches are used, namely the legislative approach and the data source case approach using primary data and secondary data. The data collection technique used is primary data through interviews and questionnaires. The conclusion of this study is the legal protection of workers' rights during the termination of employment by the company through the settlement of industrial relations disputes in which there are various interpretations regarding the wage process. Article 157A of Law Number 6 of 2023 states that the responsibility of employers and workers remains valid until the industrial relations dispute settlement agency makes a decision. The implementation in the process of termination of employment is that workers are no longer allowed to work by the company but do not carry out suspension actions, but there are many companies that do not carry out things regulated by law. With the existence of multi-interpretation regulations on wages, the process provides uncertainty for workers, as well as in the interim decision submitted by the worker/plaintiff which is rejected by the judge which is clear that the worker can prove that the employer does not carry out his obligations as it should.