Yunan, Penata Aditri (2025) Perlindungan Hukum Pada Pekerja yang Mengalami Pemutusan Hubungan Kerja Sepihak di PT. Pos Indonesia (Persero). Other thesis, Universitas Islam Riau.

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Abstract

Policies in the field of employment or labor from time to time have become a problem. Improvements are always made by the authorities/government. The rules of legal protection for workers have fluctuated where employers or employers have the power and financial strength that influences the legal rules made by the government. Law Number: 13 of 2003 concerning Manpower, currently several articles have been amended by Law Number 6 of 2023, concerning Job Creation, Employment Cluster. Although there is still legal protection that prohibits unilateral termination of employment in Article 157 A of Law Number 6 of the Year of Job Creation, Employment Cluster which emphasizes that as long as there is no court ruling regarding a dispute over termination of employment if there is a difference of opinion, the termination of employment is unilaterally by the Employer. The formulation of the problem in this study is how is the legal protection for the rights of employees who experience unilateral termination of employment at PT. Pos Indonesia (Persero) and Obstacles in Obtaining Legal Protection for the Fulfillment of the Rights of Employees Who Experience Unilateral Termination of Employment. In this study, the author conducted an empirical study by conducting interviews with informants who experienced unilateral termination of employment at PT. Pos Indonesia (Persero) and examining legal documents that became the Legal Protection of Workers' Rights in the form of a Joint Work Agreement for 2022-2024 which is a general protection to be specific for workers at PT. Pos Indonesia (Persero). The results of the author's research on case Number: 70 / Pdt.SusPHI / 2020 / PN.PBR. dated December 4, 2020: in conjunction with Cassation Decision 876 K / Pdt.Sus / 2021 show that the existence of a Workers' Union in the Company plays a very important role in providing legal protection for workers' rights by making a Joint Work Agreement between the trade union representing workers and the Board of Directors representing the Company. From the results of the study, Law Number 21 of 2000 concerning Trade Unions provides equal legal standing between workers and employers in determining legal regulations related to employment issues. The existence of trade unions allows regulations in the Company to be drawn up through a collective bargaining process, which is then stated in a cooperation agreement. This agreement is binding on workers and employers, so that both parties are required to comply with the principle of pacta sunt servanda.

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