ANALISIS YURIDIS DALUWARSA PENGAJUAN GUGATAN PEMUTUSAN HUBUNGAN KERJA KE PENGADILAN HUBUNGAN INDUSTRIAL

Abstract

It is inevitable that in an industrial relationship there will be disputes. Industrial relations disputes are differences of opinion that result in conflict between employers and workers/laborers or labor unions, one of which is a dispute over termination of employment. If prevention and settlement efforts have been taken but still do not produce results, then dispute resolution can be carried out at the Industrial Relations Court. Legal provisions related to the settlement of industrial relations disputes are contained in Law Number 2 Year 2004 concerning PPHI. However, with the Constitutional Court Decision, SEMA, and Law Number 11 of 2020 concerning Job Creation, the Court is confused in responding to the differences in these decisions. In Decision Number: 2/Pdt.Sus-PHI/2020/PN.Amb and Number: 108/Pdt.Sus-PHI/2021/PN.Smg, it was found that there were differences in the judges' decisions. Therefore, the author makes 2 (two) problem formulations in writing this thesis, namely: 1) How are the legal provisions related to the expiration of filing a lawsuit for termination of employment at the Industrial Relations Court? and 2) What is the consideration of the judge in deciding the expiration of the lawsuit for termination of employment Number: 2/Pdt.sus-PHI/2020/PN.Amb and Number: 108/Pdt.sus PHI/2021/PN.Smg at the Industrial Relations Court? With normative considerations and Article 82 of Law Number 2 of 2004 concerning PPHI cannot stand alone, it can be concluded that the legal provisions related to the expiration of filing a lawsuit for termination of employment no longer exist or at least have become invalid. The type of research that the author uses is normative juridical research with primary, secondary, and tertiary legal sources.