PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA YANG DIBERHENTIKAN KARENA CACAT AKIBAT KECELAKAAN KERJA

Abstract

Workers who suffer disabilities as a result of workplace accidents constitute a vulnerable group in industrial relations, both economically and legally. The imbalance of bargaining power between workers and employers frequently triggers unilateral termination of employment without regard to workers' rights protected by the state. Disability is often used by employers as a justification for terminating the employment relationship on the grounds of declining productivity, despite contravening Article 27 paragraph (2) of the 1945 Constitution which guarantees every citizen the right to work and a decent livelihood. Legal protection for disabled workers resulting from workplace accidents has not yet functioned optimally in practice. This study employs a normative juridical method using statutory and conceptual approaches, with legal materials analyzed prescriptively. The findings reveal that legal protection is provided in two forms: preventive and repressive. Preventive protection is realized through the prohibition on unilateral dismissal under Law Number 13 of 2003 on Manpower as amended by Law Number 6 of 2023 on Job Creation, the obligation to implement an Occupational Safety and Health system, and enrollment in the Work Accident Insurance program administered by BPJS Ketenagakerjaan. Repressive protection is provided through the industrial relations dispute settlement mechanism and workers' entitlement to severance pay, service appreciation pay, and compensation of rights under Government Regulation Number 35 of 2021. Employers who conduct unlawful termination may be subject to administrative sanctions resolved through the Industrial Relations Court. Stronger government oversight is essential to ensure fair and effective protection of workers' rights.