[ABSTRAK Tesis ini membahas mengenai kajian perlindungan hukum terhadap hak-hakPekerja dalam kepailitan sebagaimana diatur dalam UU Ketenagakerjaan dan UUKepailitan serta menganalisis implementasi perlindungan hukum hak-hak Pekerjadalam kepailitan (studi kasus: PT Omega Primawood (Dalam Pailit). Pokokpermasalahan tesis ini adalah mengenai perlindungan hukum terhadap hak?hakPekerja dalam kepailitan ditinjau dari UU Ketenagakerjaan dan UU Kepailitandan implementasi perlindungan hukum terhadap hak?hak Pekerja dalamkepailitan (studi kasus: PT Omega Primawood (Dalam Pailit). Metode penelitianyang digunakan adalah pendekatan yuridis normatif, sedangkan metode analisisdatanya adalah metode kualitatif.Pekerja merupakan bagian dari suatu perusahaan dan juga merupakan salah satustakeholder/pemangku kepentingan dalam suatu perusahaan. Namun demikian,dalam hal terjadi kepailitan atas perusahaan tempat mereka bekerja, nasib Pekerjasering kali terabaikan. Perlindungan hukum terhadap hak-hak Pekerja dalamkepailitan perseroan adalah melindungi hak-hak dan kepentingan dari para Pekerjaselaku stakeholder perseroan, harus memenuhi berbagai ketentuan di dalam peraturanperundang-undangan yang berlaku. Kedudukan Pekerja dalam hal kepailitan adalahsebagai Kreditur Preferen, dimana hak-haknya didahulukan.Perlindungan hak Pekerja dalam kepailitan terdapat dalam Pasal 95 ayat 4 UUKetenagakerjaan jo. Pasal 39 ayat (2) UU Kepailitan. Namun demikian,kedudukan Pekerja sebagai Kreditur Preferen dalam hal kepailitan tidak dapatdiartikan sebagai hak yang lebih tinggi dari hak Kreditor Separatis. Sebab, pasal1134 ayat (2) KUH Perdata juga telah secara tegas juga mengatur sebagai berikut;Gadai dan Hipotik adalah lebih tinggi daripada hak istimewa, kecuali dalam halhaldimana ditentukan oleh undang-undang sebaliknya. Artinya bahwa hakistimewa dari Pekerja adalah untuk mendapatkan pembayaran dari harta-hartaDebitor Pailit yang belum dijaminkan. Diharapkan di masa yang akan datang,para pembuat undang-undang menerapkan kewajiban agar pemberi kerja (dalamhal ini adalah Perusahaan) untuk menyediakan suatu asuransi yang dapatmelindungi hak-hak Pekerja dalam hal terjadinya kepailitan Perusahaan. Hal inidiperlukan mengingat adanya kemungkinan seluruh aset Perusahaan dijaminkankepada Kreditur Separatis, dimana dalam hal demikian maka tidak ada lagi asetyang dapat digunakan untuk melaksanakan pembayaran hak-hak Pekerja. ABSTRACT This thesis describes the study of legal protection of employee's rights inbankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as toanalyze the implementation of the legal protection of employee's rights inbankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues ofthis thesis are the legal protection of employee's rights in bankruptcy based onLabor Law and Bankruptcy Law and the implementation of the legal protection ofemployee's rights in bankruptcy (case study: PT Omega Primawood (inBankruptcy)). The thesis used juridical norms approach as research method andalso qualitative data analysis as the analysis method.Employees are part of a company as well as also one of the stakeholders in acompany. However, in the event of bankruptcy of its company, the status ofemployees is often overlooked. Legal protection employees? rights in thecompany's bankruptcy is to protect the rights and interests of the employees asstakeholders of the company, which shall meet various provisions under theprevailing regulations. The position of workers in the event of bankruptcy is aPreferred Creditor, who has the right to receive preferential treatment amongother creditors.Protection of employees? rights in bankruptcy are regulated under Article 95paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,the position of employees as Preferred Creditor in the event of bankruptcy cannotbe interpreted as a higher rank than the right of Secured Creditor. Since Article1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;lien and mortgages are higher than the privilege, with the exception of thecircumstances in which the law expressly stipulates otherwise. This means that theprivileges of the employees is to obtain payment from the assets of BankruptDebtor which have not been secured. It is expected that in the future, thelegislators to implement the obligations of the employer (in this case is theCompany) to provide an insurance to protect the rights of employees in the eventof bankruptcy of the Company. It is necessary since there will always a possibilitythat the entire assets of the Company were pledged to Secured Creditor, in suchcase there will be no asset which can be used to carry out the payment ofemployees? rights.;This thesis describes the study of legal protection of employee's rights inbankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as toanalyze the implementation of the legal protection of employee's rights inbankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues ofthis thesis are the legal protection of employee's rights in bankruptcy based onLabor Law and Bankruptcy Law and the implementation of the legal protection ofemployee's rights in bankruptcy (case study: PT Omega Primawood (inBankruptcy)). The thesis used juridical norms approach as research method andalso qualitative data analysis as the analysis method.Employees are part of a company as well as also one of the stakeholders in acompany. However, in the event of bankruptcy of its company, the status ofemployees is often overlooked. Legal protection employees? rights in thecompany's bankruptcy is to protect the rights and interests of the employees asstakeholders of the company, which shall meet various provisions under theprevailing regulations. The position of workers in the event of bankruptcy is aPreferred Creditor, who has the right to receive preferential treatment amongother creditors.Protection of employees? rights in bankruptcy are regulated under Article 95paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,the position of employees as Preferred Creditor in the event of bankruptcy cannotbe interpreted as a higher rank than the right of Secured Creditor. Since Article1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;lien and mortgages are higher than the privilege, with the exception of thecircumstances in which the law expressly stipulates otherwise. This means that theprivileges of the employees is to obtain payment from the assets of BankruptDebtor which have not been secured. It is expected that in the future, thelegislators to implement the obligations of the employer (in this case is theCompany) to provide an insurance to protect the rights of employees in the eventof bankruptcy of the Company. It is necessary since there will always a possibilitythat the entire assets of the Company were pledged to Secured Creditor, in suchcase there will be no asset which can be used to carry out the payment ofemployees? rights.;This thesis describes the study of legal protection of employee's rights inbankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as toanalyze the implementation of the legal protection of employee's rights inbankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues ofthis thesis are the legal protection of employee's rights in bankruptcy based onLabor Law and Bankruptcy Law and the implementation of the legal protection ofemployee's rights in bankruptcy (case study: PT Omega Primawood (inBankruptcy)). The thesis used juridical norms approach as research method andalso qualitative data analysis as the analysis method.Employees are part of a company as well as also one of the stakeholders in acompany. However, in the event of bankruptcy of its company, the status ofemployees is often overlooked. Legal protection employees’ rights in thecompany's bankruptcy is to protect the rights and interests of the employees asstakeholders of the company, which shall meet various provisions under theprevailing regulations. The position of workers in the event of bankruptcy is aPreferred Creditor, who has the right to receive preferential treatment amongother creditors.Protection of employees’ rights in bankruptcy are regulated under Article 95paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,the position of employees as Preferred Creditor in the event of bankruptcy cannotbe interpreted as a higher rank than the right of Secured Creditor. Since Article1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;lien and mortgages are higher than the privilege, with the exception of thecircumstances in which the law expressly stipulates otherwise. This means that theprivileges of the employees is to obtain payment from the assets of BankruptDebtor which have not been secured. It is expected that in the future, thelegislators to implement the obligations of the employer (in this case is theCompany) to provide an insurance to protect the rights of employees in the eventof bankruptcy of the Company. It is necessary since there will always a possibilitythat the entire assets of the Company were pledged to Secured Creditor, in suchcase there will be no asset which can be used to carry out the payment ofemployees’ rights., This thesis describes the study of legal protection of employee's rights inbankruptcy as stipulated under the Labor Law and Bankruptcy Law as well as toanalyze the implementation of the legal protection of employee's rights inbankruptcy (case study: PT Omega Primawood (In Bankruptcy)). Main issues ofthis thesis are the legal protection of employee's rights in bankruptcy based onLabor Law and Bankruptcy Law and the implementation of the legal protection ofemployee's rights in bankruptcy (case study: PT Omega Primawood (inBankruptcy)). The thesis used juridical norms approach as research method andalso qualitative data analysis as the analysis method.Employees are part of a company as well as also one of the stakeholders in acompany. However, in the event of bankruptcy of its company, the status ofemployees is often overlooked. Legal protection employees’ rights in thecompany's bankruptcy is to protect the rights and interests of the employees asstakeholders of the company, which shall meet various provisions under theprevailing regulations. The position of workers in the event of bankruptcy is aPreferred Creditor, who has the right to receive preferential treatment amongother creditors.Protection of employees’ rights in bankruptcy are regulated under Article 95paragraph (4) Labor Law jo. Article 39 paragraph (2) Bankruptcy Law. However,the position of employees as Preferred Creditor in the event of bankruptcy cannotbe interpreted as a higher rank than the right of Secured Creditor. Since Article1134 paragraph (2) of the Indonesian Civil Code has strongly stated as follows;lien and mortgages are higher than the privilege, with the exception of thecircumstances in which the law expressly stipulates otherwise. This means that theprivileges of the employees is to obtain payment from the assets of BankruptDebtor which have not been secured. It is expected that in the future, thelegislators to implement the obligations of the employer (in this case is theCompany) to provide an insurance to protect the rights of employees in the eventof bankruptcy of the Company. It is necessary since there will always a possibilitythat the entire assets of the Company were pledged to Secured Creditor, in suchcase there will be no asset which can be used to carry out the payment ofemployees’ rights.] |