CD Skripsi
Pemutusan Hubungan Kerja Karena Perusahaan Tutup Pasca Putusan Mk No. 19/Puu-Ix/2011 (Analisis Putusan No. 136/Pdt. Sus Phi/2020/Pn. Jkt.Pst.)
ABSTRACT
The decision of the Central Jakarta District Court with Decision Number
136/Pdt, Sus-PHI/2020/PN Jkt.Pst shows that in practice, entrepreneurs use
efficiency reasons which are then not accompanied by the closure of the company,
which means that the company is still not in accordance with Constitutional Court
Decision No. 19/PUU-IX/2011. In this case, an employee named Agus Setiawan
(hereinafter referred to as the Plaintiff) from PT. Bata Shoes, Tbk. (hereinafter
referred to as the Defendant) This decision has permanent legal force, it is stated
in the decision that the layoffs occurred due to efficiency carried out by the
company. The purpose of writing this thesis is: first, to find out the Judge's
considerations in decision No. 136/Pdt.Sus-PHI/2020/PN Jkt.Pst is linked to
Constitutional Court Decision No. 19/PUU-IX/2011. Second, find out about layoffs
due to the company closing based on decision no. 136/Pdt.Sus-PHI/2020/PN Jkt.
Pst has provided legal protection to workers,
The research method in this thesis uses normative juridical research. The
nature of this thesis research is research descriptive which systematically describes
the facts and characteristics of the object being studied accurately. The data source
used is the data source first, seconds And tertiary. The data collection method used
in this research is firstly literature study, which is a technique for obtaining
secondary data through documents related to the problem, objectives and benefits
of the research, then after the data is collected it is then analyzed to draw
conclusions.
Based on the research results, the judge's considerations in decision no.
136/Pdt.Sus-PHI/2020/PN Jkt.Pst is linked to Constitutional Court Decision No.
19/PUU-IX/2011, the Panel of Judges at the Central Jakarta District Court
confirmed layoffs on the grounds of efficiency due to wholesale department the
place where the Plaintiff was assigned has been disbanded, this is not in
accordance with the decision of the Constitutional Court which states that
companies that carry out layoffs due to efficiency must close permanently, layoffs
for reasons of efficiency based on decision no. 136/Pdt.Sus-PHI/2020/PN Jkt.Pst
has provided legal protection to workers who are laid off for efficiency reasons.
This can be seen from several important points in the decision. Recognizing
workers' rights to compensation, the judge in this decision emphasized that workers
who are laid off for efficiency reasons are entitled to fair compensation in
accordance with article 156 of the labor law.
Keywords: Decision -Efficiency-PHK
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