Termination of Employment Problems in Indonesia

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Mukhidin, Achmad Irwan Hamzani, Moh. Taufik, Kanti Rahayu, Nuridin

Abstract

Termination of employment is a complex problem. The impact on unemployment, criminality, and employment opportunities. It takes a harmonious relationship between employers and workers because it has the same interests. The purpose of this study is to describe the termination of employment to workers that should be done by the Company and review the implementation of the Labor Law after the Decision of the Constitutional Court related to Termination of Employment This research uses secondary data, with a normative approach, namely reviewing the issue of termination of employment based on applicable law in Indonesia. The results of this study show that the implementation of termination of employment in Indonesia must be under the Labor Law. Termination of employment is carried out in several processes, namely holding deliberations between workers and the company. If it is deadlocked then the last resort is through the courts. Troubled workers commit serious violations, immediately handed over to the police without asking permission from the authorities. Workers who will retire can be filed under the regulations. Similarly, workers who resign are regulated under company regulations and legislation. Based on the decision of the Constitutional Court, employers can break the employment relationship against workers because they have committed serious violations. Severe errors must be supported with some evidence. There has been a shift in the guilty judgment of workers, especially when it comes to criminal acts that are the authority of the court.

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