ANALISIS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL (Studi Perkara Nomor : 11/Pdt.Sus-PJI/2016/PN.Tjk)

Abstract

135-142 Abstract: Practices that occur in the field are often workers do not get a decent wage, even termination of employment (PHK) resulting in conflicts/disputes. This conflict/dispute is better known as the Industrial Relations Dispute. One of these cases occurred at the Industrial Relations Court at the Class 1A Tanjung Karang District Court between workers and PT. X. This study aims to 1) find out and analyze the basic considerations of the judges of the Industrial Law Court in examining and deciding the case Number: 11/Pdt.Sus-PHI/2016/PN.Tjk; and 2) knowing and analyzing the fulfillment of the rights of workers/laborers based on the decision of the judge of the Industrial Relations Court Number: 11/Pdt.Sus-PHI/2016/PN.Tjk. The problem approach used in this study is a normative approach and is supported by an empirical approach. The data was obtained using the interview method to 3 sources. The data obtained were then analyzed descriptively qualitatively. that the basis for the consideration of the judges of the industrial relations court in making decisions is based on article 100 of Law Number 2 of 2004 concerning the settlement of Industrial Relations Disputes (PPHI), however, in examining and deciding cases, workers/laborers cannot obtain their rights. In addition, the decision of the Industrial Relations Court in examining and deciding cases does not take into account past legal events in determining the status of workers.