PELAKSANAAN PEMENUHAN HAK BURUH PASCA PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PEKANBARU
Abstract
The Industrial Relations Court is a special court established within the
district court which has the authority to examine, adjudicate and make decisions
on industrial relations disputes, this is stated in Article 1 paragraph 17 of Law
Number 4 of 2004 concerning Settlement of Industrial Relations Disputes.
according to Article 97 of Law Number 2 of 2004 concerning Settlement of
Industrial Relations Disputes, the decision of the Industrial Relations Court
determines the obligations that must be carried out and/or the rights that must be
accepted by the parties or one of the parties for any settlement of industrial
relations disputes. However, the implementation did not run smoothly which
resulted in legal uncertainty and the failure to fulfill the rights of laborers or
employees guaranteed by Article 156 paragraph 1 of Law Number 13 of 2003
concerning Employment which states "In the event of termination of employment,
employers are required to pay severance pay and/or service award money and
compensation money for rights that should have been received."
The type of research used is empirical legal research. Empirical legal
research is a legal research method that functions to be able to see the law in real
terms and examine how the law works in a social environment, so the empirical
legal research method can also be said to be sociological legal research.
This research discusses the implementation of the fulfillment of labor
rights after the decision of the Industrial Relations Court at the Pekanbaru
District Court. The results showed that the implementation of the fulfillment of
labor rights has been carried out well, although there are still some obstacles
such as delays in submitting requests for execution by workers, delays in
execution by companies, lack of ability of workers in tracking company assets,
and efforts by companies to cover up their assets. However, the Pekanbaru
District Court has made preventive and repressive efforts to overcome these
obstacles, including by summoning both parties when giving a warning to the
company, directing workers in tracking assets, and providing cover letters to
relevant agencies in the asset confiscation process.
Keywords: Industrial Relations, Labor Rights, Implementation.
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