DISHARMONISASI KETENTUAN PEMUTUSAN HUBUNGAN KERJA BERDASARKAN PERATURAN PEMERINTAH NOMOR 35 TAHUN 2021

Government Regulation Number 35 of 2021 concerning Termination of Employment was introduced as an improvement to Law Number 13 of 2003 concerning Manpower. This regulation has a significant impact on the legal aspects, providing more defined and specific guidance for previously unclear aspects, while also introducing new legal challenges. The research aims to analyze the impact of norm conflicts on Article 35(b) and Article 43(2) of Government Regulation Number 35 of 2021. The type of research used in this legal writing is in-depth research with a Normative Juridical Law approach, using the Statute Approach. The results indicate legal uncertainty in Article 43(2) of Government Regulation Number 35 of 2021, which expands the meaning of the provisions in Article 36(2). Article 36 states that a company can terminate employment if it suffers losses, while Article 43(2) states that termination can be carried out to prevent losses. According to the author, there is a way to resolve the disharmony between Article 36(b) and Article 43(2), which is through mediation in accordance with Minister of
Law and Human Rights Regulation Number 2 of 2019 concerning the Resolution of Disharmony in Legislation.