Pemutusan Hubungan Kerja Disebabkan Karena Adanya Program Rekonstruksi Tenaga Kerja (RTK) Pada Perusahaan PT. Amman Mineral Nusa Tenggara

Studi Putusan Nomor: 15/Pdt.Sus-PHI/2018/PN.Mtr

Abstract

The purpose of this study is to find out the judge’s legal consideration when deciding on the termination of work agreement based on positive law in Indonesia and to find out the right of workers after the termination of work contract with the company. The research method in this research uses the juridical-normative research method. The result of this study showed that the judges in the court had decided on the termination of the work contract between PT. Amman Mineral Nusa Tenggara (PT. AMNT with their six workers based on Article 1 paragraph 15 and Article 164 paragraph 3 Act Number 13 of 2003 concerning Manpower. The implementation of Article 1 Number 15, in this case, is correct, whereas the implementation of Article 164 paragraph 4 is rather not correct, because the Indonesia Constitution Court had decided this article contrary to Indonesia National Constitution in the Case Number: 19/PUU-IX/2011 20 June 2012. The workers’ rights that they have after the termination of the work contract are in the form of severance pay, service pay, and compensation for workers’ rights based on Industrial Work relation Court in Mataram National Court Number 15/Pdt.Sus-PHI/2018/PN.Mtr. This court decision is according to Article 156 Act Number 13 of 2003 concerning Manpower.