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IJSTR >> Volume 8 - Issue 8, August 2019 Edition

International Journal of Scientific & Technology Research  
International Journal of Scientific & Technology Research

Website: http://www.ijstr.org

ISSN 2277-8616

Preferences Of Indonesian Workers 'Rights In Post-Bankruptcy Company

[Full Text]



Aries Harianto



Worker rights, preferences, company bankruptcy, labor protection.



Worker rights preferences are normatively coupled with the rights preceding the state. Countries with their authorities have the right to take precedence over other creditors after the company is declared bankrupt by a court decision. This fact in the perspective of justice for workers does not reflect the commitment as a welfare state that is functionally obliged to create the welfare of workers and their families as mandated by the constitution of the 1945 Constitution of the Republic of Indonesia. workers are loaded with legal problems that lead to injustice. Certainty is the beginning of the birth of injustice. Therefore, it is necessary to do 'legal reform', especially the Civil Code in the hope that the regulation on the rights of workers/laborers after the bankruptcy decision has a clear and certainty orientation, not a false preference.



[1] Campbell Henry. (1991). Black‘s Law Dictionary. USA: West Publishing Co.
[2] Decision of the Central Jakarta Commercial Court Number 77/Bankrupt/2012/PN Niaga Central Jakarta, dated January 30, 2013
[3] Decision of the Supreme Court Number 070 PK/Pdt.Sus/2009 Special Civil Judgment Case between KPP Pratama Jakarta Tanah Abang Dua against the Curator of PT. Artika Optima Inti (Bankrupt) and PT. Bank Mandiri (Persero) Tbk
[4] Dharma, S. A. (2013). Position of Workers/Laborers in Bankruptcy Cases Judging from Legislation Regulations and Justice Theory. Jurnal Supremasi Hukum 2(1).
[5] Harianto, A. (2013). The Meaning of Not Contradicting Decency as a Legitimate Terms of Work Agreement (Desertation, Doctoral Education Program of the Faculty of Law, Brawijaya University Malang).
[6] Law No. 17 of 2005 concerning National Long Term Development Plans for 2005 - 2025 - Chapter IV Long-term Development Direction, Stages and Priorities for 2005-2025 - Letter C number 1
[7] Shubhan, M. H. (2009). Bankruptcy Law: Principles, Norms, and Practices in Courts. Jakarta: Kencana.
[8] Suyudi, A., Nugroho, E., & Nurbayati, H. S. (2004). Bankruptcy in Bankrupt Land. Jakarta: Center for Indonesian Law and Policy Studies.