PERLINDUNGAN HUKUM BAGI PEKERJA TERHADAP PEMUTUSAN HUBUNGAN KERJA SECARA LANGSUNG OLEH PENGUSAHA

Termination of employment (PHK) is a complex problem because it is related to unemployment, crime, and employment opportunities, over time Article 52 Paragraphs (2) and (3) Government Regulation No. 35 Year 2021 provides the possibility that employers can terminate employment directly without notification of the purpose and reasons for termination because workers / laborers commit violations of an urgent nature, this affects legal protection for workers / laborers. This research aims to find out how the analysis of legal protection for workers/laborers against direct termination of employment by employers. The research method used in this research is normative juridical research method by using statutory approach and conceptual approach in assessing legal protection for workers/laborers against direct termination of employment by employers. The results of this study conclude that the provisions of Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 do not provide preventive legal protection for workers/laborers because they do not provide an opportunity for workers/laborers to give their opinions before layoffs are carried out and the provisions of Article 52 Paragraphs (2) and (3) do not prevent layoffs, then Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 are in conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, contradicts the consideration letters c and d of the Manpower Law, contradicts Article 4 letters c and d of the Manpower Law, and contradicts the general explanation of the Manpower Law, the actions categorized as urgent violations in the article are criminal acts, but the article does not regulate the requirement that this urgent violation be proven first through a court decision with permanent legal force, so that it has also violated the principle of presumption of innocence.