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ABSTRAKTesis ini membahas mengenai kajian perlindungan hukum terhadap hak-hak
Pekerja dalam kepailitan sebagaimana diatur dalam UU Ketenagakerjaan dan UU
Kepailitan serta menganalisis implementasi perlindungan hukum hak-hak Pekerja
dalam kepailitan (studi kasus: PT Omega Primawood (Dalam Pailit). Pokok
permasalahan tesis ini adalah mengenai perlindungan hukum terhadap hak?hak
Pekerja dalam kepailitan ditinjau dari UU Ketenagakerjaan dan UU Kepailitan
dan implementasi perlindungan hukum terhadap hak?hak Pekerja dalam
kepailitan (studi kasus: PT Omega Primawood (Dalam Pailit). Metode penelitian
yang digunakan adalah pendekatan yuridis normatif, sedangkan metode analisis
datanya adalah metode kualitatif.
Pekerja merupakan bagian dari suatu perusahaan dan juga merupakan salah satu
stakeholder/pemangku kepentingan dalam suatu perusahaan. Namun demikian,
dalam hal terjadi kepailitan atas perusahaan tempat mereka bekerja, nasib Pekerja
sering kali terabaikan. Perlindungan hukum terhadap hak-hak Pekerja dalam
kepailitan perseroan adalah melindungi hak-hak dan kepentingan dari para Pekerja
selaku stakeholder perseroan, harus memenuhi berbagai ketentuan di dalam peraturan
perundang-undangan yang berlaku. Kedudukan Pekerja dalam hal kepailitan adalah
sebagai Kreditur Preferen, dimana hak-haknya didahulukan.
Perlindungan hak Pekerja dalam kepailitan terdapat dalam Pasal 95 ayat 4 UU
Ketenagakerjaan jo. Pasal 39 ayat (2) UU Kepailitan. Namun demikian,
kedudukan Pekerja sebagai Kreditur Preferen dalam hal kepailitan tidak dapat
diartikan sebagai hak yang lebih tinggi dari hak Kreditor Separatis. Sebab, pasal
1134 ayat (2) KUH Perdata juga telah secara tegas juga mengatur sebagai berikut;
Gadai dan Hipotik adalah lebih tinggi daripada hak istimewa, kecuali dalam halhal
dimana ditentukan oleh undang-undang sebaliknya. Artinya bahwa hak
istimewa dari Pekerja adalah untuk mendapatkan pembayaran dari harta-harta
Debitor Pailit yang belum dijaminkan. Diharapkan di masa yang akan datang,
para pembuat undang-undang menerapkan kewajiban agar pemberi kerja (dalam
hal ini adalah Perusahaan) untuk menyediakan suatu asuransi yang dapat
melindungi hak-hak Pekerja dalam hal terjadinya kepailitan Perusahaan. Hal ini
diperlukan mengingat adanya kemungkinan seluruh aset Perusahaan dijaminkan
kepada Kreditur Separatis, dimana dalam hal demikian maka tidak ada lagi aset
yang dapat digunakan untuk melaksanakan pembayaran hak-hak Pekerja.
ABSTRACTThis thesis describes the study of legal protection of employee's rights in
bankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as to
analyze the implementation of the legal protection of employee's rights in
bankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues of
this thesis are the legal protection of employee's rights in bankruptcy based on
Labor Law and Bankruptcy Law and the implementation of the legal protection of
employee's rights in bankruptcy (case study: PT Omega Primawood (in
Bankruptcy)). The thesis used juridical norms approach as research method and
also qualitative data analysis as the analysis method.
Employees are part of a company as well as also one of the stakeholders in a
company. However, in the event of bankruptcy of its company, the status of
employees is often overlooked. Legal protection employees? rights in the
company's bankruptcy is to protect the rights and interests of the employees as
stakeholders of the company, which shall meet various provisions under the
prevailing regulations. The position of workers in the event of bankruptcy is a
Preferred Creditor, who has the right to receive preferential treatment among
other creditors.
Protection of employees? rights in bankruptcy are regulated under Article 95
paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,
the position of employees as Preferred Creditor in the event of bankruptcy cannot
be interpreted as a higher rank than the right of Secured Creditor. Since Article
1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;
lien and mortgages are higher than the privilege, with the exception of the
circumstances in which the law expressly stipulates otherwise. This means that the
privileges of the employees is to obtain payment from the assets of Bankrupt
Debtor which have not been secured. It is expected that in the future, the
legislators to implement the obligations of the employer (in this case is the
Company) to provide an insurance to protect the rights of employees in the event
of bankruptcy of the Company. It is necessary since there will always a possibility
that the entire assets of the Company were pledged to Secured Creditor, in such
case there will be no asset which can be used to carry out the payment of
employees? rights.;This thesis describes the study of legal protection of employee's rights in
bankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as to
analyze the implementation of the legal protection of employee's rights in
bankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues of
this thesis are the legal protection of employee's rights in bankruptcy based on
Labor Law and Bankruptcy Law and the implementation of the legal protection of
employee's rights in bankruptcy (case study: PT Omega Primawood (in
Bankruptcy)). The thesis used juridical norms approach as research method and
also qualitative data analysis as the analysis method.
Employees are part of a company as well as also one of the stakeholders in a
company. However, in the event of bankruptcy of its company, the status of
employees is often overlooked. Legal protection employees? rights in the
company's bankruptcy is to protect the rights and interests of the employees as
stakeholders of the company, which shall meet various provisions under the
prevailing regulations. The position of workers in the event of bankruptcy is a
Preferred Creditor, who has the right to receive preferential treatment among
other creditors.
Protection of employees? rights in bankruptcy are regulated under Article 95
paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,
the position of employees as Preferred Creditor in the event of bankruptcy cannot
be interpreted as a higher rank than the right of Secured Creditor. Since Article
1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;
lien and mortgages are higher than the privilege, with the exception of the
circumstances in which the law expressly stipulates otherwise. This means that the
privileges of the employees is to obtain payment from the assets of Bankrupt
Debtor which have not been secured. It is expected that in the future, the
legislators to implement the obligations of the employer (in this case is the
Company) to provide an insurance to protect the rights of employees in the event
of bankruptcy of the Company. It is necessary since there will always a possibility
that the entire assets of the Company were pledged to Secured Creditor, in such
case there will be no asset which can be used to carry out the payment of
employees? rights.;This thesis describes the study of legal protection of employee's rights in
bankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as to
analyze the implementation of the legal protection of employee's rights in
bankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues of
this thesis are the legal protection of employee's rights in bankruptcy based on
Labor Law and Bankruptcy Law and the implementation of the legal protection of
employee's rights in bankruptcy (case study: PT Omega Primawood (in
Bankruptcy)). The thesis used juridical norms approach as research method and
also qualitative data analysis as the analysis method.
Employees are part of a company as well as also one of the stakeholders in a
company. However, in the event of bankruptcy of its company, the status of
employees is often overlooked. Legal protection employees’ rights in the
company's bankruptcy is to protect the rights and interests of the employees as
stakeholders of the company, which shall meet various provisions under the
prevailing regulations. The position of workers in the event of bankruptcy is a
Preferred Creditor, who has the right to receive preferential treatment among
other creditors.
Protection of employees’ rights in bankruptcy are regulated under Article 95
paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,
the position of employees as Preferred Creditor in the event of bankruptcy cannot
be interpreted as a higher rank than the right of Secured Creditor. Since Article
1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;
lien and mortgages are higher than the privilege, with the exception of the
circumstances in which the law expressly stipulates otherwise. This means that the
privileges of the employees is to obtain payment from the assets of Bankrupt
Debtor which have not been secured. It is expected that in the future, the
legislators to implement the obligations of the employer (in this case is the
Company) to provide an insurance to protect the rights of employees in the event
of bankruptcy of the Company. It is necessary since there will always a possibility
that the entire assets of the Company were pledged to Secured Creditor, in such
case there will be no asset which can be used to carry out the payment of
employees’ rights., This thesis describes the study of legal protection of employee's rights in
bankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as to
analyze the implementation of the legal protection of employee's rights in
bankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues of
this thesis are the legal protection of employee's rights in bankruptcy based on
Labor Law and Bankruptcy Law and the implementation of the legal protection of
employee's rights in bankruptcy (case study: PT Omega Primawood (in
Bankruptcy)). The thesis used juridical norms approach as research method and
also qualitative data analysis as the analysis method.
Employees are part of a company as well as also one of the stakeholders in a
company. However, in the event of bankruptcy of its company, the status of
employees is often overlooked. Legal protection employees’ rights in the
company's bankruptcy is to protect the rights and interests of the employees as
stakeholders of the company, which shall meet various provisions under the
prevailing regulations. The position of workers in the event of bankruptcy is a
Preferred Creditor, who has the right to receive preferential treatment among
other creditors.
Protection of employees’ rights in bankruptcy are regulated under Article 95
paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,
the position of employees as Preferred Creditor in the event of bankruptcy cannot
be interpreted as a higher rank than the right of Secured Creditor. Since Article
1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;
lien and mortgages are higher than the privilege, with the exception of the
circumstances in which the law expressly stipulates otherwise. This means that the
privileges of the employees is to obtain payment from the assets of Bankrupt
Debtor which have not been secured. It is expected that in the future, the
legislators to implement the obligations of the employer (in this case is the
Company) to provide an insurance to protect the rights of employees in the event
of bankruptcy of the Company. It is necessary since there will always a possibility
that the entire assets of the Company were pledged to Secured Creditor, in such
case there will be no asset which can be used to carry out the payment of
employees’ rights.]
T42271-Dinda Annisa Nur Asri.pdf :: Unduh