KEPASTIAN HUKUM TERHADAP PENGGABUNGAN GUGATAN PERSELISIHAN HAK DAN PEMUTUSAN HUBUNGAN KERJA ( STUDI PUTUSAN MAHKAMAH AGUNG)

Abstract

_{This article examines legal certainty regarding the consolidation of claims involving disputes over rights and termination of employment in the Supreme Court Decision Number 179 K/Pdt.Sus-PHI/2024. The issue is significant because the Supreme Court's legal reasoning differs from the first-instance Industrial Relations Court Decision Number 48/Pdt.Sus-PHI/2023/PN.Jkt.Pst. At the first instance, the claim was declared inadmissible on formal grounds because it combined two different types of industrial relations disputes, namely a rights dispute and a termination of employment dispute. In contrast, the Supreme Court held that such claim consolidation was permissible under Article 86 of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement. This research employs a normative juridical method using statutory, case, and conceptual approaches. The analysis shows that although claim consolidation is not absolutely prohibited in industrial relations disputes, the Supreme Court's reasoning in this case tends to broaden the interpretation of Article 86 of Law Number 2 of 2004 without sufficiently considering the procedural requirements and the causal relationship between the rights dispute and the termination of employment dispute. From the perspective of Lon L. Fuller's legal certainty theory, the decision does not fully satisfy the principles of clarity, consistency, and congruence between written rules and their application.}