SETTLEMENT OF TERMINATION OF EMPLOYMENT DUE TO THE IMPACT OF THE COVID-19 PANDEMIC BASED ON THE LEGAL SYSTEM IN INDONESIA

ABSTRACT: The Confederation of Indonesian Trade Unions (KSPI) has recorded approximately 50,000 (FiftyThousand) workers/laborers laid off since the beginning of 2021 due to the impact of the Covid-19 Pandemic.Therefore, the authors researched this problem. This study aims to analyze the process of resolving layoffs dueto the effects of the Covid-19 Pandemic following Law Number 2 of 2004 concerning Industrial RelationsDispute Settlement (UUPPHI) based on Pancasila theories of justice aspects of legal change. This articleconcludes that layoffs are one type of industrial relations dispute regulated in Law Number 2 of 2004concerning Industrial Relations Dispute Settlement (UUPPHI); there are 2 (two) categories of causes for layoffs,violations of the law, or absence of law violations. The Covid-19 pandemic does not include layoffs in thecategory of legal breaches, layoffs due to the Covid-19 pandemic an effort to prevent companies from losingmoney or closing, however layoffs for any cause must be stopped, employers, workers/laborers, tradeunions/labor unions with all their might and efforts must be made in order to avoid layoffs, forworkers/labourers layoffs are the beginning of suffering, layoffs must be carried out in very forced conditions(force majeure) while still maintaining harmonious industrial relations (industrial peace), in the event thatlayoffs cannot be avoided, then the purpose of layoffs must be resolved by deliberation (bipartite), if thebipartite settlement is not successful, termination of employment can only be carried out after obtaining adetermination from the Industrial Relations Dispute Settlement Agency (LPPHI) in accordance with UUPPHIaccompanied by granting rights to workers/laborers in the form of working conditions, both normative (laborlegislation) as well as terms of employment as regulated in Law Number 13 of 2003 concerning Manpower(UUK) and Law Number 11 of 2020 concerning Job Creation (UUCK) following aspects of legal change(Standard of conduct, as a tool of social engineering, as a tool of social of control, as a facility on humaninteraction) based on Pancasila Industrial Relations (HIP) and theories of justice (Distributive, Commutative,Utility, Protective) so that workers/laborers are laid off due to the Covid-19 pandemic in addition to receivingprotection to obtain the working conditions as described above, as well as getting empowerment and utilizationto have work competencies so that they can work for other companies or be able to do entrepreneurshipindependently.

Keywords: Layoffs, Covid-19, Law, Theory of Justice. Working Condition, Empowerment, Worker or Labor.