Kepastian Hukum Pemutusan Hubungan Kerja Dengan Alasan Efisiensi Pasca Diundangkannya UU 11/2020 Tentang Cipta Kerja Menurut Tinjauan Teori Keadilan Bermartabat

Prasada, Natasha Christabella (2022) Kepastian Hukum Pemutusan Hubungan Kerja Dengan Alasan Efisiensi Pasca Diundangkannya UU 11/2020 Tentang Cipta Kerja Menurut Tinjauan Teori Keadilan Bermartabat. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Every human being certainly wants a decent life for himself and his family. A decent life can be obtained by humans by working to earn wages to sustain life. Employers and workers each have different interests. These conditions gave birth to a working relationship between the two parties to fulfill their respective interests. When sales conditions worsened, the interests between employers and workers, which were aligned at first, became conflicted. Termination of employment is something that is often inevitable as a last resort for employers to defend their interests. This research was conducted with normative-empirical research methods which are part of the non-judicial case study category by analyzing secondary data obtained through library research as the main source, namely laws, legal journals, and non-legal journals which are strengthened and supported by primary data obtained through the interview method. The data acquisition technique used by the researcher is an open-structured interview technique. The approach used by researchers in carrying out this research is an approach to legal case studies. After the promulgation of the Omnibus Law (Indonesian Law Act 11/2020), the provisions regarding employment in Indonesia have changed, including regarding layoffs for reasons of company efficiency. This new provision received a lot of opposition because it was considered to bring hardships for workers. In fact, the Omnibus Law was promulgated for a good reason namely, to attract foreign investors to invest in Indonesia to create new and wider job opportunities, advance the nation, faster movement of the economy, and to resolve overlapping regulatory issues. The result of the study proves that Act 11/2020 protects the interests of employers and workers. The principle of legal certainty protects employers in carrying out layoffs so that the decision cannot be contested. Dignified justice theory that humanizes humans is a view that should ideally be adopted by all parties in dealing with and responding to layoffs for reasons of company efficiency.

Item Type: Thesis (Bachelor)
Creators:
CreatorsNIMEmail
Prasada, Natasha ChristabellaNIM01051190046natasha.prasada21@gmail.com
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorUtama, Gwendolyn0307118401UNSPECIFIED
Uncontrolled Keywords: Conflicted Interests, Layoffs For Reasons of Company efficiency ; omnibus law ; legal certainty theory ; dignified justice theory
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Natasha Christabella Prasada
Date Deposited: 24 Jan 2023 04:05
Last Modified: 24 Jan 2023 04:05
URI: http://repository.uph.edu/id/eprint/52922

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