PERLINDUNGAN HUKUM BAGI TENAGA KERJA DALAM MEMPEROLEH PESANGON BAGI YANG TERKENA PHK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Abstract

Termination of Employment (PHK) is a crucial issue in industrial relations that directly impacts the livelihood and economic well-being of workers. If carried out without a mechanism in accordance with statutory provisions, it has the potential to violate workers' rights, particularly the provision of severance pay as a form of post-employment welfare guarantee. Law Number 11 of 2020 concerning Job Creation brings significant changes in the regulation of workers' rights, including a reduction in the amount of severance pay compared to previous provisions. The law has given rise to debate regarding the extent to which legal protection for workers can still be guaranteed. This study aims to analyse the form of legal protection for laid-off workers in obtaining severance pay based on the provisions of the Job Creation Law and evaluate its implementation in the case of layoffs at PT. Kusuma Sampurna Mulia. The research method used is normative legal research with data obtained through literature studies and interviews. The results of the study indicate that although the Job Creation Law provides a legal framework regarding severance pay rights, in practice there are still discrepancies in the implementation by companies, including in terms of the amount of severance pay and the mechanism for providing it. This case study reveals violations of applicable statutory provisions, which have an impact on workers' rights. Therefore, strengthened oversight and law enforcement by relevant agencies is essential to ensure effective and fair legal protection for laid-off workers.

Keywords: Termination of Employment (PHK), Severance Pay, Worker Rights, Job Creation Law, and Legal Protection.