The Function of Trade Unions in Providing Legal Protection to Employees Suspended by the Company Based on the Job Creation Law

Legal protection of suspended employees is an important issue in Indonesian labor law, especially after the enactment of the Job Creation Law. Regulations such as Article 151, Article 93, and Article 155 of the amended Manpower Law emphasize that suspensions must not be carried out unilaterally, workers are still entitled to full wages during the suspension period, and any form of termination of employment must go through the industrial relations dispute resolution mechanism. However, the practice in the field still shows violations, one of which is the case at Saka Hotel Medan, where employees did not receive an official suspension letter or termination letter. This action is contrary to the principle of due process of law and has the potential to be categorized as a unilateral termination that is legally flawed. This research aims to analyze the legal protection of suspended employees according to the provisions of the Job Creation Law and examine the function of trade unions in providing advocacy and resolving employment disputes. The method used is qualitative research with an empirical juridical approach, through a review of legislation, legal literature, and interviews with trade union representatives. The approaches applied include the statute approach, the conceptual approach, and the case approach. The results showed that in the Saka Hotel Medan case, the trade union played an active role in assisting employees, reporting alleged violations to the Medan City Manpower Office, and encouraging settlement through bipartite and tripartite mechanisms. This proves that trade unions not only function as defenders of workers' rights but also as strategic partners of companies in creating harmonious industrial relations. Thus, the existence of labor unions is an important pillar of legal protection, ensuring legal certainty and upholding the principle of justice in labor relations.

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Publication Details

Journal
Lex journal kajian hukum dan keadilan
Published
2025-09-16
DOI
https://doi.org/10.25139/lex.v9i3.11019
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

The Function of Trade Unions in Providing Legal Protection to Employees Suspended by the Company Based on the Job Creation Law

Lex journal kajian hukum dan keadilan
Indonesian Legal and Regulatory Studies
article

The Function of Trade Unions in Providing Legal Protection to Employees Suspended by the Company Based on the Job Creation Law

article en

Abstract

Legal protection of suspended employees is an important issue in Indonesian labor law, especially after the enactment of the Job Creation Law. Regulations such as Article 151, Article 93, and Article 155 of the amended Manpower Law emphasize that suspensions must not be carried out unilaterally, workers are still entitled to full wages during the suspension period, and any form of termination of employment must go through the industrial relations dispute resolution mechanism. However, the practice in the field still shows violations, one of which is the case at Saka Hotel Medan, where employees did not receive an official suspension letter or termination letter. This action is contrary to the principle of due process of law and has the potential to be categorized as a unilateral termination that is legally flawed. This research aims to analyze the legal protection of suspended employees according to the provisions of the Job Creation Law and examine the function of trade unions in providing advocacy and resolving employment disputes. The method used is qualitative research with an empirical juridical approach, through a review of legislation, legal literature, and interviews with trade union representatives. The approaches applied include the statute approach, the conceptual approach, and the case approach. The results showed that in the Saka Hotel Medan case, the trade union played an active role in assisting employees, reporting alleged violations to the Medan City Manpower Office, and encouraging settlement through bipartite and tripartite mechanisms. This proves that trade unions not only function as defenders of workers' rights but also as strategic partners of companies in creating harmonious industrial relations. Thus, the existence of labor unions is an important pillar of legal protection, ensuring legal certainty and upholding the principle of justice in labor relations.

Lex journal kajian hukum dan keadilanVol. 9(3)
Universitas Islam Negeri Sumatera Utara (ID)
Decent work and economic growth
Openalex Percentile: Top 38%
Indonesian Legal and Regulatory Studies
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