Juridical Analysis of Labor Protection in Indonesia

(Perspective of Labor Copyright Law Number 11 of 2020)

Abstract

The government and legislature enacted Law Number 11 of 2020 concerning Job Creation, which amended the previous Employment Law. This article aims to understand what labor protection will look like after the Job Creation Law is passed. The research method applied is qualitative with a normative juridical approach, using descriptive analysis. The research results show that justice in providing better protection to Indonesian workers has not been achieved, due to the imbalance in bargaining positions between employers and workers. Therefore, regulations are needed that can accommodate a balance between the two parties. One form of legal protection for workers in the event of termination of employment due to pandemic efficiency, based on labor law, is realized in compensation. This is regulated in Article 164 paragraph (3) of the labor law, which states that workers have the right to severance pay twice the applicable provisions, referring to the length of service and rights in accordance with Article 156 paragraph (2), Article 136 paragraph (3), and Article 156 paragraph (4). Industrial relations courts, in handling cases of termination of employment due to efficiency, need to pay special attention to workers' rights to receive double severance pay. If layoffs cannot be avoided, especially in emergency situations such as a pandemic, the company must prove reasons for efficiency with audited financial reports for the last two years. The government needs to monitor and check that layoffs are not driven by employers' desire to reduce operational costs. Legal protection for workers is the implementation of basic rights guaranteed by the constitution, as stated in Article 27 paragraph (2) and Article 33 paragraph (1) of the 1945 Constitution.