Urgency of Regulation of Administrative Sanctions on Employers Who Do Not Pay Severance

Abstract

One of the industrial relations disputes that often occurs is Termination of Employment by employers that harms workers' rights, especially the provision of severance pay. Settlement of Disputes due to Termination of Employment through the courts does not guarantee legal certainty for the fulfillment of the rights of justice seekers, especially workers/laborers because it takes a very long time and process. The long time and process create a lack of legal certainty which fails to realize proportional justice, both for employers and workers/laborers. This study aims to find an effective and efficient solution in order to find workers' rights, in the form of severance pay due to termination of employment, through the regulation and imposition of administrative sanctions against employers who do not pay severance pay. The study raised two problems: how is the legal protection for terminated workers based on the Employment Law? how urgent is the regulation of administrative sanctions for employers who do not pay severance pay due to termination of employment; Employment? The formulation of the problem above is analyzed using the normative legal research method, namely research that focuses on the study of legal materials that are used as references for discussing problems, both primary legal materials and secondary legal materials. The approach used in this research also uses a legislative approach and a conceptual approach. After conducting a legal, theoretical and philosophical analysis, the following findings were obtained: legal protection for workers/laborers who experience termination of employment (PHK) includes guarantees of fulfillment of all normative rights that should be received by workers/laborers. The urgency of regulating administrative sanctions against employers who do not pay severance pay due to termination of employment, philosophically is a form of realization of improving welfare as mandated by the provisions of Article 28 D paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The solution offered in the form of regulating and imposing administrative sanctions for employers who do not pay severance pay due to termination of employment for workers/laborers is seen as primum remedium in enforcing labor laws that are more effective, efficient, fair and have legal certainty.