PERLINDUNGAN HUKUM DALAM PEMUTUSAN HUBUNGAN KERJA BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN DITINJAU DARI HAK KONSTITUSIONAL PEKERJA BURUH DAN DI KAITKAN DENGAN ASAS KEPASTIAN HUKUM

Abstract

The issue of termination of employment (PHK) often creates injustice for workers, particularly regarding the fulfillment of normative rights and legal procedures. This contradicts the constitutional guarantee of the right to work and fair legal certainty for every citizen as mandated by Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution. This research aims to: (1) examine the regulation of constitutional rights protection for workers in legislation; (2) understand the concept of protection by the Constitutional Court regarding workers' constitutional rights; and (3) analyze workers' constitutional rights in employment termination from the perspective of the principle of legal certainty. The research employs normative and empirical juridical approaches with a descriptive-analytical method. Data were obtained through literature study and interviews, then analyzed qualitatively. The results show that although regulated in the Manpower Act and the Job Creation Law, the implementation of employment termination mechanisms in practice remains ineffective. Procedures and fulfillment of workers' rights are often neglected due to their weak bargaining position. Constitutional Court decisions have emphasized the importance of workers' constitutional rights and have annulled provisions deemed unfair. Therefore, legal protection in employment termination is a constitutional issue that requires regulatory strengthening and effective law enforcement to ensure justice and legal certainty for workers.

Keywords: Termination of Employment, Constitutional Rights, Legal Protection, Legal Certainty, Constitutional Court.