DAMPAK UU CIPTA KERJA TERHADAP MEKANISME DAN SENGKETA

Abstract

Law No. 11 the Year 2020 about Job Creation, which has a relatively short time on lawmaking process, has been sued for judicial review. In the procedural review, this law was declared conditionally unconstitutional, but it was interpreted by the government that the Job Creation Law would remain in effect as long as it was revised for 2 years after the decision of the Constitutional Court. This has an impact on laborers, whose labor regulations are contained in this law. The Job Creation Law changes the mechanism for termination of employment and laborers' rights. Therefore, this study seeks to answer what the differences are in the mechanism for termination of
employment before and after the enactment of the Job Creation Law and how to resolve employment disputes after the enactment of the Job Creation Law. The type of this research is legal-normative research with a statutory approach and a comparative approach. The results of this study are the increase in the authority of employers in mechanism of layoffs, a decrease in the amount of severance pay and work awards in layoffs, and the provision about dispute resolution remains the same, but due to the increase in the authority of employers in carrying out layoffs, this is in contrary to the law on the settlement of industrial relations disputes and has the potential to increase layoffs.