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Original Research

LEGAL PROTECTION AGAINST TERMINATION OF EMPLOYMENT IN THE FRAMEWORK OF MAINTAINING THE CONTINUITY OF THE BUSINESS WORLD ASSOCIATED WITH INVESTMENT IN INDONESIA

RADEN YOSARI HELENANTO 1, M. S TUMANGGOR 2, DHANISWARA K. HARJONO 3, and GINDO.L. TOBING 4.

Vol 18, No 01 ( 2023 )   |  DOI: 10.17605/OSF.IO/N6RBE   |   Author Affiliation: Law Doctoral Program, Universitas Kristen Indonesia, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 412-425   |   Published on: 10-01-2023

Abstract

Legal protection against termination of employment is protection given to workers affected by the termination of employment in the form of legal instruments, both preventive and repressive, both written and unwritten. At the same time, the formulation of the problem is 1). How is implementing the regulation regarding termination of employment (PHK) to provide certainty in the sustainability of the business world, 2). What is the government's role in terminating employment relations (PHK) to maintain the business world's continuity in relation to investment in Indonesia, 3) how are efforts to provide legal protection for entrepreneurs against termination of employment (PHK) to maintain the continuity of the business world related to investment in Indonesia. The research method uses normative and empirical juridical law research methods. Namely, the law is conceptualized as what is written in statutory regulations, or law is conceptualized as rules or norms, which are benchmarks for human behavior that are considered appropriate. The conclusions of this study include: 1) the application of regulations regarding termination of employment has yet to provide certainty in the sustainability of the business world. There are still many companies/employers who lay off workers but still need to fulfill their obligations following the provisions of the law. 2) The government's role in layoffs to maintain the business world's continuity is associated with an investment in Indonesia by guaranteeing workers' fundamental rights. 3). Efforts to protect the law against employers for termination of employment to maintain the business world's continuity associated with an investment in Indonesia, namely employers are required to fulfill workers' rights following Law Number 13 of 2003 concerning Manpower.


Keywords

Legal Protection, Termination of Employment, Business World, Investment.