Legal Protection of Compensation Rights Termination of Employment Using Directors' Assets (Case Study)

Abstract

Whereas in labour relations, there are often obstacles, such as termination of employment. For workers, this study uses a normative juridical approach in the form of a case approach by conducting a study of related cases, which have become court decisions that have permanent legal force. The case study in this research is related to the Deed of Peace Number 1404/Pdt.G/2021/PN.Tng. This study aims to determine the legal protection of compensation rights for termination of employment using directors' assets and the constraints faced. The results of this study explain the termination of employment for workers at PT. Aemka Putra Satria towards 6 (six) workers who have worked for 15 years. Due to the company's incompetence and no company assets that can be used to pay for workers' rights, the directors' good faith and moral responsibility, a Debt Payment Agreement (Severance Payment) was made on November 28, 2019. The value of workers' rights is Rp—900,000.000 (nine hundred million rupiah). The directors ' assets will be paid by selling land with a Certificate of Ownership No. 07578, located in Gang Ronyok Binong Tangerang with an area of ​​775 m2 with estimated sales of Rp. 1,550,000,000. Because there was no realization of the agreement, the workers, through their attorneys, filed a lawsuit for default at the Tangerang District Court on December 23, 2021. Based on the mediation results, a Peace Agreement was produced to be determined in the peace settlement (Acta van dating). Based on the Deed of Peace Number 1404/Pdt.G/2021/PN.Tng, the Panel of Judges at the Tangerang District Court determined the peace agreement in the Establishment of the Deed of Peace, in which the parties must comply with the agreement of the parties that had been approved.