Probability of Employee Rights Submitting a Commercial Court Bankruptcy Application Without a Decision of the Industrial Relations Court

DOI

10.2991/978-2-38476-164-7_42How to use a DOI?

Keywords

Employee Rights; Legal Probability; Bankruptcy Application; Commercial Court; Industrial Relations Court

Abstract

The position of Bankruptcy Preferred Creditor Labor in the provisions in Article 95 paragraph (4) of the Manpower Law, that workers’ wages get fulfillment first in the event a company is declared Bankrupt. Conflict of norms in filing a bankruptcy application at the Commercial Court without a PHI decision resulting in a conflict of legal norms in terms of determining the expiration date for filing a lawsuit at the Industrial Relations Court, as can be seen from the meaning of the provisions of Article 96 Law no. 13 of 2003 concerning Manpower as amended by Law no. 11 of 2020 concerning Job Creation, which is different from the Constitutional Court Decision No. 100/PUU-X/2012 with SEMA No. 4 of 2014 concerning Enforcement of the Formulation of the Results of the 2013 Supreme Court Chamber Plenary Meeting as a Court Guideline. This writing uses normative juridical law research methods with the statute approach, conceptual approach, and case approach. The results of this research are workers who can apply for bankruptcy if they have fulfilled the simple bankruptcy requirements, to prove the validity of the amount of workers’ wages which will be used as the object of the bankruptcy application.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yapiter Marpi
PY  - 2023
DA  - 2023/12/21
TI  - Probability of Employee Rights Submitting a Commercial Court Bankruptcy Application Without a Decision of the Industrial Relations Court
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 457
EP  - 466
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_42
DO  - 10.2991/978-2-38476-164-7_42
ID  - Marpi2023
ER  -