ANALISIS PERTIMBANGAN HAKIM DALAM PEMUTUSAN HUBUNGAN KERJA TERHADAP TENAGA KERJA ASING DI INDONESIA (Studi Putusan Mahkamah Agung Nomor : 33 K/Pdt.Sus-PHI/2017)

The judge's consideration is one of the most important indicators in determining the realization of the value of a judge's decision which contains justice and legal certainty, besides that it also contains benefits for the parties concerned so that the judge's consideration must be addressed carefully, kindly and thoughtfully. When examining a case, a judge also requires evidence, where the results of the evidence are used as consideration in deciding the case. This research aims to: (1) find out the judge's considerations in decision number 33 K/Pdt.Sus-PHI/2017; and (2) know the legal protection for companies in terminating employment relations with foreign workers. The research method used in this research is normative juridical using data collection techniques through literature study. The research results show that: (1) in decision Number 33 K/Pdt.Sus-PHI/2017 the panel of judges was wrong in deciding the employment agreement case between Nigel Patrick Machin and MONTD'OR OIL TUNGKAL, LTD; and (2) legal protection for companies in terminating the employment of foreign workers in Indonesia. Regarding the problems contained in this thesis, errors in the judge's considerations were found and in the judge's erroneous considerations, company protection was formulated in disputes regarding the termination of employment of foreign workers as reviewed in Law Number 13 of 2003 concerning Employment.