TINJAUAN YURIDIS TERHADAP EFISIENSI PERUSAHAAN SEBAGAI ALASAN PEMUTUSAN HUBUNGAN KERJA

Abstract

Companies in carrying out their operational activities often deal with economic
problems and market conditions that cause companies to suffer losses so that it is necessary
to take efficiency measures to maintain the continuity of the company's operations. One form
of efficiency that is often done by employers is to reduce the number of workers by
terminating employment.
This research is a Normative legal research, which is a library research that
explains the principles of law such as applicable laws and regulations and is associated with
legal theories related to the problem under study. This research was conducted to find out
how the concept of termination of employment is regulated in Article 164 Paragraph (3) of
Law Number 13 of 2003 concerning Employment on the Decision of the Constitutional Court
Number 11 / PUU-IX / 2011, how to review cases of termination of employment for reasons
of company efficiency, and how legal protection and justice in termination of employment are
due to reasons of company efficiency.
The conclusion of this research is, First, the word "efficiency" contained in Article
164 Paragraph (3) of Law Number 13 Year 2003 Juncto Decision of the Constitutional Court
Number 19 / PUU-IX / 2011 cannot be interpreted as a reason for termination of
employment, however It must be interpreted that termination of employment can be carried
out by the company if the company closes and the closing of the company is as a form of
efficiency, or in other words the entrepreneur performs efficiency by closing the company.
Second, the use of Article 164 Paragraph (3) of Law Number 13 Year 2003 as a legal basis
for Termination of Employment for reasons of efficiency without the closure of company
business is inappropriate and not of legal certainty. Third, the absence of a provision that
explicitly prohibits termination of employment due to efficiency reasons in order to maintain
the continuity of company operations results in the absence of certainty that can provide
legal protection for workers and employers. Fourth, termination of employment for reasons
of efficiency which aims to maintain the continuity of the company's operations so that it does
not close is unavoidable and must be seen as a solution that provides benefits for a number of
other employees so that they can continue to work. Efficiency which is used as a reason for
termination of employment will be fair if there is compensation from employers to workers
that are reasonable and balanced. The writer's suggestion on the problem under study is, the
government must revise the Manpower Act or make new legislation regarding termination of
employment in the context of efficiency aimed at maintaining the continuity of the company's
operations.
Keywords: Termination of Employment - Efficiency - Employers - Companies - Workers