Optimalisasi Perundingan Bipatrit Sebagai Master Mind Penyelesaian Sengketa Pemutusan Hubungan Kerja (PHK) Sebagai Akibat Dari Pandemi Corona

Abstract

Corona pandemic, which began to spread throughout the world since the beginning of 2020, caused various social problems, one of which was legal problems. The losses incurred in addition to involving Health, also the economic recession that caused many companies to lay off thousands of employees caused problems in Industrial Relations Dispute Resolution. The Manpower Act as a protective fence for Workers is supported by UUPPHI as a formal law, in fact it is quite overwhelmed in accommodating the needs related to Layoff Dispute Resolution. However, the Bipatrit Negotiation mechanism should be able to provide answers to existing problems. Judging from the simplicity and speed in its implementation, it can become a Master Mind in resolving the layoffs that are rife. But all this can be realized with the support of the principle of good faith the parties who should be implemented both when the Bipatrit Negotiations take place, as well as when implementing the Joint Agreement. The role of Bipatrit Negotiations is very much needed in resolving PHK disputes as a result of the Corona Pandemic to realize an effective and effi cient dispute resolution for the realization of legal certainty and usefulness. In addition, it is necessary to concretize the qualifi cations of good faith, especially in this Bipatrit Negotiations in order to make the Bipatrit Negotiations a Master Mind for the resolution of PHK disputes as a result of the Corona Pandemic.

The concept of procedural law regarding the implementation of collective agreements with legal certainty in termination of employment in Indonesia

“…Of the 4 (four) non-litigation ways of resolving disputes, settlement using bipartite negotiation are the primary step that must be carried out in resolving labour disputes by employers, workers and labour unions (especially problems with the termination of employment) as a deliberative step to resolve industrial relations disputes. For consensus ( Ridwan and Nurhakim, 2020 ). This is following the mandate of Article 3 paragraph (1) of Law Number 2 of 2004, which reads "industrial relations disputes must be sought for resolution through deliberative bipartite negotiations to reach consensus."…”

Peran Serikat Pekerja dalam Hal Perselisihan Hubungan Kerja yang Berdampak pada Pemutusan Hubungan Kerja

“…Perusahaan dapat melakukan PHK apabila pekerja melakukan pelanggaran terhadap perjanjian kerja, peraturan perusahaan atau perjanjian kerja bersama (Ridwan & Nurhakim, 2020). Jadi pihak yang mengakhiri perjanjian kerja sebelum jangka waktu yang ditentukan, wajib membayar ganti rugi kepada pihak lainnya sebessar upah pekerja sampai batas waktu berakhirnya jangka waktu perjanjian kerja.…”

Force Majeure as a Justification for Failure to Fulfill Contractual Obligations Due to the Covid-19 Pandemic: Suspending or Terminating Contract?

“…Good faith is the uppermost foundation to executing an agreement appropriately. The actual acts of the agreement signed the parties' good faith, and this relationship can be measured objectively [29]. Good faith limits and negates, indicating that a particular agreement or a provision of the law regarding that contract can be set aside, providing a change of circumstances ensue upon the initial creation of the contract; hence, the performance of such contract gives rise to injustice.…”