Complete Discretion of Industrial Relationship between Workers and Enterprises in PT.Royal Standard Based on Decision Number 93 PK / Pdt / Sus-PHI / 2016 Connected With Law of Number 2 Of 2004 Concerning The Dissolution of Industrial Relations and Non-Discriminative Principles in The Employment

Amanda Indah Lestari, Deddy Effendy

Abstract


Disputes can occur due to several factors, such as rights disputes, interest disputes, dismissal disputes, union disputes, and one disputes due to discrimination, the occurrence of disputes between people is a common problem because it has become human nature itself. In resolving industrial relations disputes can be done in two ways: non-court settlement by Bipartite, Mediation, Conciliation and Arbitration and can be done through industrial relations courts. The purpose of this study is to analyze how disputes between employers and workers are viewed from Law No. 2 of 2004 and non-discriminatory principles, and the basis of judges' consideration in issuing decisions on industrial relations disputes settlement. This research method using Juridical-Normative approach method, which examined secondary data by doing literature study. Data collection techniques used are secondary data using primary, secondary, and tertiary legal materials Last data analysis techniques with Qualitative Analysis. Conclusions from the judgment of Decision Number 93 PK / Pdt.Sus-PHI / 2016 Termination of unilateral employment by the Company / Employers to Workers is not in accordance with the content of Article 156 of Law 13 Year 2003 regarding Employment but the act of smoking in The factory area has been set in the company's disciplinary regulations so that the action is an offense and the employer is entitled to terminate the employment relationship in accordance with the established employment agreement.

Keywords


Disputes, Industrial Relations, Dispute Settlement

References


A. BUKU

Widodo Suryandono dan Aloysius Uwiyono, Asas-Asas Hukum Perburuhan, PT Raja Grafindo Persada,Jakarta, 2014.

Abdul R. Saliman Abdul R. Saliman, Hukum Bisnis Untuk Perusahaan Teori dan Contoh Kasus, Kencana, Jakarta, 2011.

B. Peraturan Perundang-Undangan

Undang-Undang Nomor 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial




DOI: http://dx.doi.org/10.29313/.v0i0.6533

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