This research investigates the complex challenges in protecting workers' rights during urgent Termination of Employment (PHK) in Indonesia, drawing insights from Decision Number 127/Pdt.sus-PHI/2024/PN.Bdg involving PT. Paiho Indonesia. Despite regulations like Law No. 13 of 2003 and Government Regulation No. 35 of 2021 aiming to protect workers, their implementation often falls short. A key concern lies in Article 52 paragraphs (2) and (3) of PP 35/2021, which governs urgent PHK and bears similarity to the annulled Article 158 of the previous Labor Law, raising fears of recurring issues. The study, employing a normative-empirical legal approach, collected data through interviews and document analysis. Findings reveal that urgent PHK procedures are frequently non-compliant, leading to legal uncertainty for workers. Although the court's decision in this case affirmed the invalidity of PHK without proper procedures, highlighting a commitment to worker protection, compliance from employers remains an obstacle. The research concludes that worker protection in urgent PHK in Indonesia is still lacking in justice and legal certainty. Therefore, regulatory strengthening, independent verification mechanisms, and effective dispute resolution are essential to ensure fair treatment for all parties in industrial relation.
Aryaguna et al. (Sun,) studied this question.