ANALISIS YURIDIS PUTUSAN MAHKAMAH AGUNG TENTANG PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA KARENA PELANGGARAN KODE ETIK PERUSAHAAN

Abstract

Industrial relations disputes are no longer uncommon in Indonesia, particularly disputes concerning the unilateral termination of employment by companies, such as PT Bank Negara Indonesia (Persero) Tbk. Such disputes give rise to conflicts between employees and employers. Supreme Court Decision Number 1628 K/Pdt.Sus-PHI/2022 represents a concrete example of an employment termination dispute in Indonesia. In this decision, there were differences in the judges' legal considerations regarding the classification of the violation committed by the employee, Muhammad Arie Putra Panjaitan, the legal basis used in deciding the case, and the employee's statutory rights following the Constitutional Court's decision declaring the Job Creation Law conditionally unconstitutional. This study aims to analyze whether the employee's misconduct can be classified as an administrative violation and whether it constitutes fraudulent conduct that may be categorized as an urgent violation. In addition, this study examines the legal consequences of Supreme Court Decision Number 1628 K/Pdt.Sus-PHI/2022 on the statutory rights to which the employee is entitled. This research employs a normative juridical method using statutory, conceptual, and case approaches. Data were collected through library research and analyzed using a prescriptive qualitative method.

The results of this study indicate that the employee was proven to have committed an administrative violation. However, the misconduct could not be classified as an urgent violation.

Keywords: Industrial Relations Dispute, Termination of Employment, Administrative Violation, Urgent Violation, Employees' Rights.