Juridical Review Legal Protection of Workers Affected of Termination of Employment (PHK) Due to the Covid-19 Pandemi Viewed from the Perspective of Labor Law (Act No. 13 of 2003 Concerning Labor)

Abstract

Labor problems are a problem that is often heard. One of these problems is Termination of Employment by companies in Indonesia. Law Number 13 of 2003 concerning Manpower aims to provide protection for workers so that they are not treated arbitrarily, as well as to guarantee certainty and a peaceful life for workers. This rapid spread caused the Government of Indonesia to issue a policy in the form of Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions to Accelerate the Handling of Covid-19 (hereinafter referred to as PP Number 21 of 2020). With PP Number 21 of 2020, the Indonesian Government through the Ministry of Health implemented Large-Scale Social Restrictions (PSBB). Given the current conditions, namely the occurrence of layoffs as a result of the Covid-19 pandemic, you can then refer to SE Number M/3/HK.04/III/2020 Concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Management of Covid-19. Although basically this circular letter is only an appeal, basically in order to guarantee its implementation and provide protection for laid off workers/laborers, the emphasis is on an agreement between employers and workers/laborers. This agreement is very important because in the conditions of the Covid-19 pandemic, both employers and workers/labourers are victims. Two-way communication is needed between employers and workers/labourers. This is very important to do because the Covid-19 pandemic is very detrimental to both parties.