Employment Termination Legal System Based on Pancasila Ideology, 1945 Constitution and Justice Theories
Journal: International Journal of Arts and Social Science (Vol.1, No. 3)Publication Date: 2018-10-30
Authors : Ahmad HunaeniZulkarnaen;
Page : 11-17
Keywords : SHAPHK; Justice Theories; Pancasila; 1945 Constitution;
Abstract
The development objective of the Employment Termination Legal System (SHAPHK) must be correlated with the ultimate goal of industrial relations regulation, namely to achieve the welfare of all parties (employers, workers or workers, communities and government), namely SHAPHK can prevent termination of employment (PHK), even if there are layoffs, it can guarantee the interests of all parties, that the settlement of layoffs is carried out in accordance with the laws and regulations that meet the theories of justice adapted to the Indonesian state ideology based on Pancasila and the basic laws of the Indonesian state, namely the 1945 Constitution (UUD 1945 ), the theories of justice referred to are: Distributive justice theory, commutative justice theory, utility justice theory, ethical justice theory, vindicative justice theory and the theory of justice in passive or passive sense, with the application of the theories of justice in the settlement of layoffs, will guarantee the layoff process can take place fairly, fulfill the rights and obligations of the parties, guarantee the peace of work and business (industrial peace), the dismissal process does not interfere with the increase from time to time the productivity of the company and the welfare of workers or laborers. The development objectives of SHAPHK as described above will not be achieved, if the development of SHAPHK is not planned rationally, planned but unbalanced, unbalanced, ignoring the theories of justice as described above or does not include industrial relations strategies in an effort to achieve prosperity for all parties, namely Company productivity correlates with workers' welfare.
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