Proceedings of the International Conference on Law Reform (5th Inclar 2024)

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Implications of Expanding the Reasons for Termination of Employment in Government Regulation Number 35 of 2021: An Analysis of Legal Uncertainty

Authors
Muhammad Haykal Basier1, Nur Putri Hidayah1, *, Wasis1
1Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
*Corresponding author. Email: nurputri@umm.ac.id
Corresponding Author
Nur Putri Hidayah
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-362-7_17How to use a DOI?
Keywords
Termination of Employment; Oppose the norm; Suffer a Loss
Abstract

The purpose of this study is to analyze the regulation of the impact of norm disharmony between article 35 letter b and article 43 paragraph 2 of Government Regulation Number 35 of 2021. The type of research used in writing this Law is a type of Normative Law research, with a Statue Approach approach. The results of the study show that there is legal uncertainty in Article 43 paragraph 2 of Government Regulation Number 35 of 2021 which expands the meaning of the provisions in Article 36 paragraph 2. Article 36 states that a company can carry out Termination of Employment if it suffers a loss, while Article 43 paragraph 2 states that layoffs can be carried out to prevent losses. The implication of expanding the reason for layoffs from ‘Loss’ to “Preventing loss” makes workers disadvantaged because employers have more legal reasons to terminate employment relations with workers, and this is certainly not in accordance with the principle of employment development. The solution to this problem is a revision related to the provisions of article 43 Paragraph 2 and aligning with the provisions of article 36 letter b of Government Regulation Number 35 of 2021, and contain strict procedures and evidence of losses suffered by the employer in terminating the employment of workers.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-362-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-362-7_17How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Muhammad Haykal Basier
AU  - Nur Putri Hidayah
AU  - Wasis
PY  - 2025
DA  - 2025/02/28
TI  - Implications of Expanding the Reasons for Termination of Employment in Government Regulation Number 35 of 2021: An Analysis of Legal Uncertainty
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 108
EP  - 112
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_17
DO  - 10.2991/978-2-38476-362-7_17
ID  - Basier2025
ER  -