Perlindungan Hak-Hak Pekerja/Buruh Dalam Penyelesaian Perselisihan Pemutusan Hubungan Kerja Dalam Putusan Pengadilan Hubungan Industrial Pada Pengadilan Negeri Medan

Abstract

Employment does not always run smoothly because at any time termination of employment can occur. The problem is whether with the termination of employment the workers’ rights can be protected or not. The problems of the research could be formulated as follows: how about the regulation on the protection for the workers’ rights if the termination of employment occurred, how about judges’ consideration in the approval of the termination of employment, and how about Industrial relations justice in the District Court, Medan, implemented the workers’ rights when the Court reached a verdict on the termination of employment. The used judicial normative and descriptive analysis approaches. The source of data were tertiary data which were related to legal provisions, secondary data which were related to books and scientific writings, and tertiary data such as dictionaries, law dictionaries, journals, articles, and magazines. The data were gathered by conducting library research and field study (interviews) and analyzed qualitatively in which the gathered data were observed, connected to the related principles, and drew a conclusion deductively: from general to specific. Judges’ consideration in handing down a ruling in industrial relations was referred to Law No. 13/2003 on Manpower and Law No. 2/2004 on PPHI (Dispute Settlement of Industrial Relations)such as in the cases of PHI No. 37/G/2013/PHI.Mdn and No. 23/G/2013/PHI.Mdn. Based on the result of the hearing which was based on evidence and witnesses brought forward by the litigants, the judge convinced that the employer had to pay for his workers’ rights; therefore, this ruling has accommodated a part of the workers’ rights when there is a termination of employment. Law No. 13/2003 on Manpower should be supported by the government and local synergic regulations. Law enforcement should improve their knowledge of manpower, and Law No. 13/2003 on Manpower and Law No. 2/2004 on Dispute Settlement in Industrial relations should be socialized, especially to workers.