Indonesian Journal Of Labor Law And Industrial Relations Volume 01 Issue 02.
December 2024.
E-ISSN x-x.
P-ISSN x-x Indexing: Scopus, open access at: https://journal.
id/index.
php/ijllir Juridical Analysis of Judges Decisions Regarding Termination of Employment Due to Presumed Absenteeism (Case Study of Supreme Court Decision Number 1242 K/PDT.
SUS-PHI/2.
Muhammad Alvin Naufal Rozaqul Hafidh1.
Daryna Dzemish Abdulovna 2 Bachelor of Law study program.
Faculty of Law.
Universitas Negeri Surabaya 20177@mhs.
Faculty of Law.
Belarusian State University.
Belarus.
demishdarina@gmail.
Abstract Yohanes Mansri Oncok as a former CV worker.
Vita Permai who has worked for approximately 12 years, 5 months, 12 days.
Yohanes Mansri Oncok was terminated by CV.
Vita Permai.
Due to the reason for applying for annual leave to CV.
Vita Permai did not receive confirmation or response.
The dispute occurred because Yohanes Mansri Oncok was considered absent by CV.
Vita Permai and no compensation was given to Yohanes Mansri Oncok.
There is also evidence that CV.
Vita Permai does not regulate leave provisions in company regulations.
As a legal step.
Yohanes Mansri Oncok filed a lawsuit with PHI.
In his considerations, the judge stated that Yohanes Mansri Oncok's lawsuit was rejected because he was declared absent, so it was rejected in its entirety.
Yohanes Mansri Oncok submitted a cassation request to the Supreme Court and part of Yohanes Mansri Oncok's lawsuit was granted through Supreme Court dismissal Number 1242 K/Pdt.
Sus-PHI/2020.
This research aims to determine the legal relationship between Yohanes Mansri Oncok and CV.
Vita Permai, as well as to find out the basis for the judge's consideration of not granting Yohanes Mansri Oncok's lawsuit request with CV.
Vita Permai to get severance pay.
The research method used is the legal relationship between Yohanes Mansri Oncok and CV.
Vita Permai is a normative juridical type of legal research, on the basis that there is consideration of the starting point for research and analysis of legal regulations.
Regarding Yohanes Mansri Oncok's status, he changed from being a worker who resigned due to absenteeism, becoming a worker who was laid off by CV.
Vita Permai.
Keywords: Absemteeism.
Leave.
Termination of Employment
INTRODUCTION
Workers play an important role as actors and development goals in the implementation of labor development.
This quite important role is very necessary for labor changes to improve quality, contribute to development and increase protection for workers and their families in line with human dignity .
indayani and munthe 2.
the purpose of worker protection is to ensure equal treatment and protection from discrimination.
this is done to ensure the welfare of workers and their families while still paying attention to the development of the company.
The position of workers and employers is basically unequal.
when viewed from a juridical point of view, workers are workers who are free from slavery, servitude and From a sociological point of view, workers can be interpreted as laborers who are not free, but only have energy as the main capital for work, so they are forced to work for (Rahayu.
Munir, and Azizah 2.
In running a company, here workers have a position that can be said to be very influential.
This is because it is the workers who run the company at the behest of the employer.
Workers here are only one aspect of the resources in the company Workers here can be said to be living organisms, meaning that humans are included in a living organism whose personality will be formed influenced by the IJLLIR - 71 Indonesian Journal Of Labor Law And Industrial Relations Volume 01 Issue 02.
December 2024.
E-ISSN x-x.
P-ISSN x-x Indexing: Scopus, open access at: https://journal.
id/index.
php/ijllir environment directly which indicates the functioning of an organization or company.
(Hidayani and Munthe 2.
In order for workers to function in a company well, special attention is needed by the company by forming a comfortable work environment.
Apart from calculating profits and losses for the business, every company has a social obligation, which is to care and uphold the company's moral standards for the welfare of society.
In fact, there are still many businesses that do not want to take responsibility for the rights of their workers, causing many conflicts between employers and workers.
The emergence of disputes is a natural thing, it has become human nature.
The important thing is to reduce the possibility of disputes and reconcile the two parties to the dispute, even if the legal subjects, legal entities and parties involved in it already know each other.
The extent of incidents or disputes will increase due to the many lifestyles that exist in society, one of which is the industrial world, where debates about industrial relations occur between employers and workers.
Industrial relations disputes occur due to differences of opinion between workers/laborers and companies.
Industrial relations are inseparable from labor law and are implemented by three main actors: the government, employers, and workers.
A dispute that often occurs is regarding termination of employment .
ereinafter referred to as PHK).
Termination of employment can be characterized as a type of termination of employment, due to certain causes or reasons that can result in the end of the rights and obligations of workers/laborers and employers.
(Podungge et al.
In principle, dismissal can also be interpreted as a form of cutting off the source of livelihood for workers/laborers and their PHK in principle can also be said to be a way to eliminate the source of income of workers and their families.
According to Article 1 point 25 of Law Number 13 of 2003 concerning Manpower .
ereinafter referred to as the Manpower La.
which reads AuTermination of employment is the termination of employment relations due to a certain matter which results in the end of rights and obligations between workers / laborers and employersAy.
In the definition contained in Article 1 point 4 of Law Number 2 of 2004 concerning Industrial Relations Dispute Resolution, it reads Aua dispute over termination of employment is a dispute that arises because there is no agreement of opinion regarding the termination of employment by one of the partiesAy.
From the sound of the two articles, it can be concluded that layoffs occur due to discrepancies experienced by both parties, namely workers and employers, which result in the end of the rights and obligations of PHK also has legal consequences, for example the provision of severance pay, compensation for length of service, and replacement of rights.
Workers, when viewed from a sociological point of view, are still always on the side of the weak, not the same as employers, therefore labor is often rejected when faced with the interests of the company.
Layoffs seem to always be a problem that must be discussed until now, such as the layoff of Yohanes Mansri Oncok by CV.
Vita Permai, which was caused by permit issues related to leave rights that workers should get.
CV.
Vita Permai is a company engaged in the field of cosmetic distributors located on Jln.
Yos Sudarso RT.
RW.
Namosain Village.
Alak District.
Kupang City.
The beginning of the problem that occurred between Yohanes Mansri Oncok and CV Vita Permai was regarding the annual leave application made by Yohanes Mansri Oncok to CV Vita Permai for family interests outside the city/island which was not permitted by CV Vita Permai on the grounds that annual leave can only be carried out at the end of the year along with the Christmas and New Year holidays.
Yohanes Mansri Oncok continued to take leave despite no further confirmation or direction from CV Vita Permai regarding the annual leave request.
Because CV.
Vita Permai never authorized the leave.
CV.
Vita Permai considered Yohanes Mansri Oncok to be absent and for this reason CV.
Vita Permai sent a Summons to Yohanes Mansri Oncok 2 .
times for Yohanes Mansri Oncok to attend and carry out his duties.
Furthermore, because the Second
IJLLIR - 72
Indonesian Journal Of Labor Law And Industrial Relations Volume 01 Issue 02.
December 2024.
E-ISSN x-x.
P-ISSN x-x Indexing: Scopus, open access at: https://journal.
id/index.
php/ijllir Summons was not fulfilled by Yohanes Mansri Oncok.
CV.
Vita Permai gave a letter of termination to Yohanes Mansri Oncok on the grounds that the qualifications resigned.
All evidence revealed in the trial stated that CV Vita Permai did not have a Company Regulation .
ereinafter referred to as PP) which regulates that workers' leave can only be taken and implemented during Christmas and New Year leave, witness testimony was also contradictory during the trial between one another regarding the existence of PP.
CV Vita Permai should have submitted letter evidence related to the PP in court because it is very easy for CV Vita Permai if it really has a PP.
That Yohanes Mansri Oncok/Case Petitioner was dismissed because it was considered that Yohanes Mansri Oncok violated work discipline and discipline, namely exercising his right to leave work before obtaining approval from CV.
Vita Permai, so that the termination of Yohanes Mansri Oncok was entitled to compensation for termination of the relationship.
Based on the explanation above, this Industrial Relations Dispute is interesting to study and there are differences Based on the previous arguments, there are gaps and this industrial relations dispute is worthy of research and there is an inequality in the verdict at the first level which decides that the worker is disqualified because he is absent for 5 days and is considered to have resigned, while in the cassation judge's decision he is considered to be terminated because there is no PP explaining the provisions for leave carried out during Christmas and New Year leave, so the company is obliged to pay severance pay.
On the basis of these problems, the researcher then designed a study with the title AuJuridical Analysis of Judges Decisions Regarding Termination of Employment Due to Workers Considered Absent.
Case Study of Supreme Court Decision Number 1242 K/Pdt.
Sus-PHI/2020Ay.
RESEARCH METHOD
This research method is one of the systems or ways of working that must be followed when conducting research with diligence and using applicable rules and is used to prove the scientific truth of the research conducted.
This research uses normative juridical type legal research methods.
On the basis that there is a consideration of the starting point of the research and the researcher's analysis of the laws and regulations that are used as the basis for considering the judge's decision number 1242 K / Pdt.
Sus-PHI / 2020 regarding termination of employment due to absenteeism committed by workers.
The legal materials used by the author in this research consist of primary, secondary, and tertiary legal In collecting the data needed for this research, the researcher uses data collection techniques, namely literature study.
This literature study is a data collection technique by reading, understanding, and quoting reliable data sources in the form of primary legal materials that contain laws and regulations.
From the data that has been collected by the researcher, then the researcher analyzes the data qualitatively, namely focusing on the general principles that underlie the embodiment of all data obtained, summarized, researched, and studied as a whole so as to produce accurate data.
RESULTS AND DISCUSSION
Case Position The dispute case that occurred to Yohanes Mansri Oncok with CV.
Vita Permai.
Yohanes Mansri Oncok as a former employee of CV.
Vita Permai who has worked since January 5, 2007 until he was laid off on June 17, 2019 with a position as a PKWTT / Permanent Worker who has worked for approximately 12 years, 5 months, 12 days.
CV.
Vita Permai is a company engaged in the field of cosmetic distributors.
On May 28, 2019 Yohanes Mansri Oncok applied for annual leave to CV.
Vita Permai for family interests outside the city / island but did not get confirmation or response from CV.
Vita Permai on the grounds that annual leave can only be carried out at the end of the year along with the Christmas and New Year holidays.
Yohanes Mansri Oncok continued to take leave because IJLLIR - 73 Indonesian Journal Of Labor Law And Industrial Relations Volume 01 Issue 02.
December 2024.
E-ISSN x-x.
P-ISSN x-x Indexing: Scopus, open access at: https://journal.
id/index.
php/ijllir there was no further confirmation and direction from CV.
Vita Permai regarding the annual leave request.
Therefore CV.
Vita Permai never allowed the leave, so Yohanes Mansri Oncok was considered a defaulter and for this reason CV.
Vita Permai sent a summons to Yohanes Mansri Oncok 2 .
times because he was absent for more than 5 days, so CV.
Vita Permai issued a letter of termination against Yohanes Mansri Oncok with the qualification of resignation.
At the PHI trial the judge granted the defendant's exception because it was proven that the plaintiff had gone on leave without permission and was then considered absent by the defendant.
The defendant was considered absent because he did not respond to the two summonses from the defendant and there was no good faith.
During the cassation hearing, it was found that all of the evidence revealed during the trial stated that CV Vita Permai did not have a regulation stating that workers' leave could only be taken at the end of December and the end of the year holiday.
The testimonies of the witnesses contradicted each other regarding the existence of the PP.
The Panel of Judges of the Industrial Relations Court in their consideration stated that the lawsuit of Yohanes Mansri Oncok was rejected because he was absent for more than 5 days and did not fulfill the summons twice, therefore Yohanes Mansri Oncok was qualified to resign and was not entitled to compensation from CV.
Vita Permai.
Article 168 paragraph .
of the Labor Law reads ''Workers / laborers who are absent for 5 .
or more consecutive working days without a written explanation accompanied by valid evidence and have been summoned by the employer 2 .
times properly and in writing may have their employment terminated because they are classified as resigned.
Yohanes Mansri Oncok said that his rights as a worker were not fairly upheld in the Industrial Relations Court Decision Number 1/Pdt.
Sus-PHI/2020/PN.
Kpg.
Then Yohanes Mansri Oncok in the same lawsuit filed an appeal to the Supreme Court to provide severance pay, long service pay, and compensation pay that Yohanes Mansri Oncok should have received in accordance with Article 156 paragraph .
, .
, and .
of the Manpower Law.
Without proof of the PP which regulates that leave must be taken during leave and the new year, the dismissal of Yohanes Mansri Oncok at the cassation hearing was considered by the Supreme Court Judge to have violated the rules of discipline and work discipline, namely exercising the right to leave work before obtaining approval from the CV.
Vita Permai, so after being terminated Yohanes Mansri Oncok is entitled to compensation for termination.
The judges of the Supreme Court in their consideration stated that the Judex Facti misapplied the law in deciding this case.
With the evidence revealed in the trial, it has been clearly proven that CV.
Vita Permai does not have a PP which regulates that workers' leave can only be taken and carried out at the end of each year in December and the year-end collective holiday.
Then Yohanes Mansri Oncok is entitled to compensation for termination of employment in accordance with Article 161 paragraph .
of the Labor Law, namely severance pay amounting to 1 X the provisions of Article 156 paragraph .
, .
, and .
Discussion