Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)

Legal Protection for Workers’ Rights in Company Bankruptcy Due to the Covid-19 Pandemic in Indonesia

Authors
Putu Eka Trisna Dewi1, *, I Ketut Satria Wiradharma Sumertajaya2
1,2Universitas Ngurah Rai, Denpasar-Bali, Indonesia
*Corresponding author. Email: trisnadewi.ecak@gmail.com
Corresponding Author
Putu Eka Trisna Dewi
Available Online 3 December 2021.
DOI
10.2991/assehr.k.211203.091How to use a DOI?
Keywords
Bankruptcy; Covid-19 pandemic; Employment; Legal Protection
Abstract

The Covid-19 pandemic has been spreading worldwide and has paralyzed various sectors of people’s lives, especially the economy, including Indonesia. As a result, many companies went bankrupt, resulting in many terminations of employment contracts. In-Law Number 13 of 2003 concerning Manpower, workers who experience termination of employment shall obtain their rights as determined by law. This study uses a legal research method which is a literature study with a statutory approach. The ambiguity of norms between Law Number 13 of 2003 concerning Manpower and Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations has often ignored workers’ rights. Grounded with a request for judicial review submitted to the Constitutional Court by workers in case Number 67/PPU-XI/2013, on September 11, 2014, the Constitutional Court granted the request by establishing two new norms and determined that payment of workers’ wages shall take precedence over all types of claims and other creditors and other rights of workers shall be paid in advance of all kinds of bills and other creditors unless the debtor has a separatist creditor.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 December 2021
ISBN
978-94-6239-476-6
ISSN
2352-5398
DOI
10.2991/assehr.k.211203.091How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Putu Eka Trisna Dewi
AU  - I Ketut Satria Wiradharma Sumertajaya
PY  - 2021
DA  - 2021/12/03
TI  - Legal Protection for Workers’ Rights in Company Bankruptcy Due to the Covid-19 Pandemic in Indonesia
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 413
EP  - 416
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.091
DO  - 10.2991/assehr.k.211203.091
ID  - Dewi2021
ER  -