ANALISIS YURIDIS PERLINDUNGAN HUKUM TENAGA KERJA YANG DIRUMAHKAN AKIBAT PANDEMI COVID-19 (Studi Kasus Putusan No. 59/Pdt.Sus-PPHI/2020/PN.Gto)

  • Deby Dwi Rahmawati UNESA
  • Arinto Nugroho Universitas Negeri Surabaya
DOI: https://doi.org/10.2674/novum.v0i0.43438

Abstract

The problem of legal protection for workers related to the provision of wages (salaries) during the Covid-19 pandemic. In the case of decision No. 59/Pdt.Sus-PPHI/2020/PN.Gto, where the Defendant (the Company) assumes that the pandemic condition is an unavoidable condition by the Defendant so that the elements in Article 93 paragraph (2) letter f are not fulfilled. So that there is no obligation for the employer/company to provide wages to the laid-off workers. This creates a blurring of norms between the Manpower Act and the Minister of Manpower Decree No. M/3HK.04/III/2020, regarding the provision of wages, it must be based on an agreement between the entrepreneur and the workforce. This raises a problem regarding the position of the Minister of Manpower No. M/3HK.04/III/2020 for judges in Decision No. 59/Pdt.Sus-PPHI/2020/PN. Gto, and the juridical consequences of the judge's decision no. 59/Pdt.Sus-PPHI/2020/PN.Gto. The purpose of this study is to analyze the position of SE Menaker No. M/3HK.04/III/2020 as the basis for making the judge's decision in case No. 59/Pdt.Sus-PPHI/2020/PN. Gto., and legal remidies that can be taken by workers of case No. 59/Pdt.Sus-PPHI/2020/PN.Gto. This writing method is normative juridical writing, this writing is done qualitatively. The approach used is the statutory approach and the conceptual approach. The legal materials used in this article are primary legal materials, secondary legal materials, and non-legal materials. In analyzing with prescriptive method. The results of research related to case No. 59/Pdt.Sus-PPHI/2020/PN.Gto. experienced a conflict of norms in the form of legal protection for the provision of wages (salaries) for workers related to the Manpower Law in the application of Article 93 paragraph (2) letter f, but in the Minister of Manpower Decree No. The M/3/HK.04/III/2020 regulates the form of legal protection for workers related to wages during the Covid-19 pandemic. In the judge's decision, the legal basis used in the argument is to use statutory regulations, not policy rules such as Ministerial Circular Letters. The juridical consequence of the decision no. 59/Pdt.Sus-PPHI/2020/PN.Gto. giving rise to an application of labor rights protection that cannot be implemented yet, because the Manpower Law does not explain the system for laying off workers.

 

Keywords: Covid-19, legal protection, labor

Published
2021-11-27
Issue
Vol 9 No 4 (2022)
Section
ART 1

Copyright (c) 2021 Deby Dwi Rahmawati, Arinto Nugroho

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