ANALISIS YURIDIS TERHADAP HAK YANG DITERIMA PEKERJA/BURUH DENGAN PERJANJIAN KERJA HARIAN KETIKA TERJADI PEMUTUSAN HUBUNGAN KERJA SETELAH BERLAKUNYA UU NOMOR 6 TAHUN 2023 TENTANG PENETAPAN PERPU NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA

Abstract

Daily workers as contributors to development are entitled to state protection, including during Employment Termination (PHK). This research is motivated by the importance of examining how the protection of the rights of daily workers is implemented following the enactment of the Job Creation Law. The study aims to identify and analyze the forms of protection, rights, and obstacles faced by daily workers when PHK occurs after the law took effect. The research uses a qualitative method with a normative juridical approach through the analysis of legislation (statute approach). The research locus is the Industrial Relations Court at the Pontianak District Court Class 1A. The results show that the Job Creation Law provides recognition of protection regarding employment relationship status, termination, and social security. Daily workers are entitled to fair termination, social security benefits, and severance pay. However, its implementation still faces internal obstacles (from the workers themselves) and external obstacles (from outside the workers). Therefore, the research recommends increasing knowledge about daily work agreements, building awareness to unionize, clearer legal regulations regarding daily work, and the integration of labor law education from an early stage.

Keywords: Protection of Daily Workers, Daily Work Agreements, and Termination of Employment.