Tinjauan Yuridis Pertimbangan Hakim dalam Perkara Perselisihan PHK (Studi Terhadap Putusan PHK Efisiensi)

Fauzia, Rizqi and , Prof . Dr. Harun, SH,M,Hum and , Dr. Kelik Wardiono, S.H., M.H. (2017) Tinjauan Yuridis Pertimbangan Hakim dalam Perkara Perselisihan PHK (Studi Terhadap Putusan PHK Efisiensi). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The constitutional juridical termination of employment (PHK) on the grounds of efficiency is indeed justified as described in Article 164 Paragraph (3) of the Manpower Act. However, it still creates a polemic in the practice of labor regulations. Because at the level of the Supreme Court of Indonesia, there are two developing schools, where the majority of Supreme Court Justices in the Supreme Court of the Republic of Indonesia are of the opinion that the context of the company that performs the efficiency so that the company does not lead to bankruptcy (or the closure) of the company, may laid off under Article 164 Paragraph (3) Employment. Workers and / or unions often refuse to terminate their employment for efficiency reasons because according to them there is no article in Law no. 13 Year 2003 which regulates the efficiency without the lid of the company could be the reason for the implementation of employment termination by employers. It is not fair because efficiency is often used as an excuse by employers to implement arbitrary termination of employment. So it would be difficult to predict the final result of industrial relations disputes disputes related to the efficiency of the company in practice level in the Supreme Court of the Republic of Indonesia. This study aims to determine the judge's legal considerations in checking and dismissing disputes disputes efficiency, and to know the judge's legal judgment model in checking and dismissing disputes disputes efficiency. This research is a normative research. This type of research is classified as normative juridical that is descriptive. Data collection methods in this study using document studies or library materials primarily on secondary data. The data obtained and that have been collected both primary and secondary data are processed by searching, analyzing and studying secondary data related to the object being analyzed. The conclusion, done by way of interpreting and discussing the data that have been obtained and processed, based on legal norms, legal doctrines, and existing legal science theories

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	Consideration, Layoffs, Efficiency
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Pasca Sarjana > Magister Hukum
Depositing User:	RIZQI FAUZIA
Date Deposited:	22 Dec 2017 08:24
Last Modified:	22 Dec 2017 08:24
URI:	http://eprints.ums.ac.id/id/eprint/57794

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