Ridho, Fahrul (2024) Perlindungan Hukum Bagi Tenaga Kerja yang Mengalami Pemutusan Hubungan kerja Berdasarkan Mediasi Pada Dinas Tenaga Kerja dan Transmigrasi Provinsi Riau Tahun 2023-2024. Masters thesis, Universitas Islam Riau.

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Abstract

This research examines legal protection for workers affected by termination of employment (PHK) through mediation conducted by the Department of Manpower and Transmigration of Riau Province during the 2023– 2024 period. The primary focus of this research is the legal protection for workers terminated without reasons that meet the requirements outlined in Article 153 of Law Number 6 of 2023 concerning Job Creation. In this context, a gap exists between the applicable legal norms (das sollen) and the reality in practice (das sein), where some companies carry out terminations without clear reasons or in violation of existing regulations. This study also addresses issues arising from the lack of communication regarding workers' rights during company mergers and acquisitions. This research employs an observational method with an empirical legal approach and descriptive analysis. Primary data were collected through interviews with heads of departments, public relations officers, and mediators, while secondary data were obtained through literature studies. Qualitative analysis was applied to evaluate the collected data, with conclusions drawn inductively. The research location is the Department of Manpower and Transmigration of Riau Province, which handled 182 termination cases during the study period. The findings indicate that the Department of Manpower and Transmigration of Riau Province has provided adequate legal protection for workers affected by termination through mediation conducted by competent mediators. However, challenges remain in the mediation process, such as workers' lack of understanding of their rights and companies' unwillingness to grant full authority to their representatives. Furthermore, the involvement of third parties, such as legal counsel, often complicates the mediation and dispute resolution process. This study also highlights the importance of enhancing the capacity of mediators and labor inspectors, as well as providing adequate facilities and infrastructure for the Department of Manpower and Transmigration of Riau Province. With such improvements, it is hoped that legal protection for workers affected by termination can be strengthened, fostering legal certainty and more harmonious industrial relations in the future.

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