Legal Protection for Workers’ Rights in Company Bankruptcy Due to the Covid-19 Pandemic in Indonesia
- DOI
- 10.2991/assehr.k.211203.091How to use a DOI?
- Keywords
- Bankruptcy; Covid-19 pandemic; Employment; Legal Protection
- Abstract
The Covid-19 pandemic has been spreading worldwide and has paralyzed various sectors of people’s lives, especially the economy, including Indonesia. As a result, many companies went bankrupt, resulting in many terminations of employment contracts. In-Law Number 13 of 2003 concerning Manpower, workers who experience termination of employment shall obtain their rights as determined by law. This study uses a legal research method which is a literature study with a statutory approach. The ambiguity of norms between Law Number 13 of 2003 concerning Manpower and Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations has often ignored workers’ rights. Grounded with a request for judicial review submitted to the Constitutional Court by workers in case Number 67/PPU-XI/2013, on September 11, 2014, the Constitutional Court granted the request by establishing two new norms and determined that payment of workers’ wages shall take precedence over all types of claims and other creditors and other rights of workers shall be paid in advance of all kinds of bills and other creditors unless the debtor has a separatist creditor.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Putu Eka Trisna Dewi AU - I Ketut Satria Wiradharma Sumertajaya PY - 2021 DA - 2021/12/03 TI - Legal Protection for Workers’ Rights in Company Bankruptcy Due to the Covid-19 Pandemic in Indonesia BT - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021) PB - Atlantis Press SP - 413 EP - 416 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211203.091 DO - 10.2991/assehr.k.211203.091 ID - Dewi2021 ER -