Javier Islamy, Muhamad (2025) Analisis Yuridis Terhadap Urgensi Perjanjian Kerja Bersama (pkb) Dalam Hubungan Industrial (studi Putusan Pn Pekanbaru Nomor 121/pdt.sus-phi/2020/pn Pbr Dan Putusan Mahkamah Agung Nomor 829 K/pdt.sus-phi/2021). Other thesis, Universitas Islam Riau.

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Abstract

The urgency and position of the Collective Labor Agreement (PKB) as one of the important elements and means in the implementation of industrial relations, Law number 13 of 2003 in its articles does not explicitly require the existence of a collective labor agreement (PKB), but in articles 116 to Article 135 only regulates the rights and obligations as well as the requirements that must be fulfilled for making a Collective Labor Agreement (PKB), in fact this raises problems such as the Pekanbaru District Court Decision Number 121/Pdt.Sus-PHI/2020/PN Pbr and Decision Supreme Court Number 829 K/Pdt.Sus-PHI/2021 where there was an industrial dispute where a worker was laid off by the company due to a serious mistake that harmed the company which has been proven both during non-litigation settlement at the Manpower Office and during litigation settlement in court , but in the end the panel of judges in this case canceled the layoffs carried out by the company because there was no PKB that regulated this matter, whereas in Law number 13 of 2003 itself this PKB was not required, from this we can see a problem that if an disputes between employers and workers on what grounds will be used? Meanwhile, not all company rules and regulations can be covered by general laws and regulations. If we couple this with the dynamics of the relationship between employers and workers in the midst of current social, economic and legal changes, it becomes very relevant if the Collective Labor Agreement (PKB) has a very fundamental urgency and position in the Implementation of Industrial Relations. The formulation of the problem from this research is, First, how is the process of resolving a unilateral Termination of Employment (PHK) dispute at the Industrial Relations Court at the Pekanbaru District Court for the Pekanbaru District Court Decision Number 121/Pdt.Sus-PHI/2020/PN Pbr and the Supreme Court Decision Number 829 K/Pdt.Sus-PHI/2021 and its relation to the Collective Labor Agreement (PKB)? Second, how can the Urgency and Position of the Collective Labor Agreement (PKB) in the Implementation of Industrial Relations be assessed normatively, sociologically and pragmatically? The writing of this thesis uses normative juridical research methods, emphasizing the use of secondary data, namely data originating from literature studies consisting of primary legal materials, the data obtained is then processed and processed qualitatively, followed by and concluded in an inductive way. From the results of this study it can be concluded that, First, the process of resolving industrial relations disputes through the Pekanbaru District Court is a complex but structured process, offering a platform of transparency and fairness for all parties involved and the end result is closely related to the urgency of the Collective Labor Agreement (PKB). ). Second, the urgency and position of the Collective Labor Agreement in industrial relations is examined from a normative, sociological and pragmatic perspective as a very important and crucial component in industrial relations, so that its implementation in all aspects of industrial relations implementation becomes a necessity and obligation. Key Words: Collective Labor Agreement, Position, Urgency, Industrial Relations.

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