ANALISIS PEMUTUSAN HUBUNGAN KERJA SEPIHAK TERHADAP PEKERJA DI TINJAU DARI PERSPEKTIF KEADILAN (Putusan Nomor 187/Pdt.Sus-PHI/2020/PN Mdn Jo Putusan Nomor 509 K/Pdt.Sus-PHI/2021)

This study aims to analyze the basis for the judges' considerations in Supreme Court Decision Number 509 K/Pdt.Sus-PHI/2021 and assess the extent to which the decision provides justice for workers who experience unilateral termination of employment (PHK). This study uses normative juridical research methods with statutory, case, and conceptual approaches. The data used comes from primary and secondary legal materials, including court decisions and relevant literature. Based on the analysis, it was found that the unilateral termination by PT Sinar Inti Berkah Sejahtera against T. Muhammad Fahri, S.T. did not fully comply with the legal procedures as stipulated in Law No. 13 of 2003 concerning Manpower jo. Law No. 11 of 2020 concerning Job Creation and Government Regulation No. 35 of 2021. Even though workers commit violations in the form of absenteeism and have their own businesses, the dismissal process does not go through the industrial relations dispute resolution mechanism first. This research uses John Rawls' theory of justice to assess substantive justice in judges' decisions. The results of the analysis show that the Supreme Court's decision has not fully reflected the protection of workers' rights in accordance with the principles of justice, especially in terms of fulfilling the right to compensation. Thus, this study suggests the need to strengthen legal procedures in layoffs and emphasize the principle of justice in every settlement of labor disputes.