¹Rynaldo ²Nabitatus Sa’adah

^1,2Faculty of Law, Diponegoro University, Semarang

DOI : https://doi.org/10.47191/ijsshr/v7-i05-25

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ABSTRACT

Industrial relations between Employers and Workers often causes disputes. Disputes that generally happened between Employers and Workers are disputes for termination of employment. Termination of employment happened for some reasons, one of them is the Worker do an urgent violation. The purpose of this research is to analyze the normative rights and legal efforts of Workers who terminated due to do an urgent violations. The research method is normative juridical who using laws and regulations to analyze the problems. The results of this research found that the normative rights of Workers who terminated due to do an urgent violations are compensation for rights and separation pay (Article 52 Paragraph 2 Government of The Republic of Indonesia Regulation Number 35 Year 2021 concerning Employment Agreement for a Specified Period of Time, Outsourcing, Working Time and Rest Time, and Termination of Employment). Legal efforts that can be taken by Workers who terminated due to do an urgent violations are non litigation legal effort through bipartite and tripartite negotiation (mediation). If the non litgation legal effort can’t solve the dispute, then the Worker can take litigation legal effort through The Industrial Relations Court (Act No 2 Year 2004 concerning Industrial Relations Disputes Settlement).

KEYWORDS:

Normative rights, legal effort, urgent violation

REFERENCES
Books

1) Ida Hanifah, Labor Law in Indonesia, Medan, Pustaka Prima, 2020

2) Soerjono Soekanto dan Sri Mamudji, Normative Legal Research, Jakarta, Raja Grafindo Persada, 2004

3) Peter Mahmud Marzuki, , Legal Research, Jakarta, Kencana Prenada, 2010

4) Abdul Khakim, Legal Aspects of Industrial Relations Dispute Settlement, Bandung, Citra Aditya Bakti

5) H Djumadi, Mediation Institutions as an Alternative (Settlement of Industrial Relations Disputes Through Non-Litigation Channels), Bantul, CV Multi Presindo, 2016

6) Arifuddin Muda Harahap, Introduction to Labor Law, Batu, CV Literasi Nusantara Abadi, 2020

7) Parlin Dony Sipayung, Sardjana Orba Manullang, Hendrik Ruben Gelong, Nasrin, Hijriani Martono Aggusti, Annisa Ilmi Faried, Labor Law, Medan, Yayasan Kita Menulis, 2022

8) Mashudi, Industrial Relations Dispute Resolution, Surabaya, CV Jakad Publishing Surabaya, 2019

Journals

1) Gina Farahnita Manoppo, 2016, Financial and Non Financial Normative Rights of Workers Based on Act No 13 Year 2003 concerning Manpower, Jurnal Lex Privatum, Vol 4, No 3

2) Ari Hermawan, 2023, The Meaning and Application of Separation Pay on Employment Termination in Indonesia Labor Law, Jurnal Ius Quia Iustum, Jurnal Ius Quia Iustum, Vol 30, No 3

3) Taufiq Yulianto, 2011, Legal Protection for Worker Right Who Resign of Their Own Will, Jurnal Law Reform, Vol 6, No 2

Regulations

1) Act No. 2 Year 2004 concerning Industrial Relations Disputes Settlement

2) Act No 13 Year 2003 concerning Manpower

3) Government of The Republic of Indonesia Regulation Number 35 Year 2021 concerning Employment Agreement for a Specified Period of Time, Outsourcing, Working Time and Rest Time, and Termination of Employment

Data

1) Ministry of Labor Republic Indonesia, https://satudata.kemnaker.go.id/infografik/56

2) Ministry of Labor Republic Indonesia, https://satudata.kemnaker.go.id/data/kumpulan-data/1648

Volume 07 Issue 05 May 2024