Legal and Justice Analysis for Workers

Oct 13, 2025 by magicalceylontours.com 30 views

Introduction

When a company is bankrupt, often workers become the most affected victims. Termination of employment that occurs due to bankruptcy of the company greatly affects the life of workers and their families, because their source of livelihood is cut off. In the midst of this difficult situation, compensation for termination of employment should be given fairly, but in practice, workers' rights are often ignored. Not only in the case of bankruptcy, but also in termination of employment due to efficiency or when the company experiences financial difficulties, workers' rights related to wages and other rights stipulated by regulations are often ignored.

This phenomenon underlines the weak protection of workers' normative rights. In many cases, the bankruptcy of the company is even caused by the inability of the company to fulfill the rights of workers. Therefore, the question that arises is why this often happens? This shows a gap in the protection of worker rights. The purpose of this study is to analyze the legal protection of workers in the context of company bankruptcy, and to identify the gaps in the protection of worker rights.

Legal and Justice Analysis for Workers

This study uses a normative juridical method with an analytical descriptive approach and is supported by a systematic approach. To overcome this problem, John Rawls in his theory of justice argues that to assess justice, moral elements must be integrated into law. In addition, Aristotle's legal certainty theory states that law must create general rules that bind all parties. In this context, the position of workers as creditors in bankruptcy law has difficulty in the implementation of normative rights of compensation.

The absence of guaranteed protection of workers' wages, both in the Manpower Law and the Bankruptcy Law, causes the normative rights of workers to be often ignored. In this case, wage guarantees must be given, because the normative rights of workers are non-negotiable things. This guarantee is as important as the company's right to workers that have been guaranteed by the Manpower Law Article 93, which states that "there is no wage for workers/laborers if they do not work."

The Importance of Wage Protection

Wage protection is a crucial aspect of labor law, as it ensures that workers receive fair compensation for their work. The absence of wage protection can lead to exploitation of workers, and can even contribute to the bankruptcy of a company. In this context, the Manpower Law and the Bankruptcy Law must be revised to include stronger provisions for wage protection.

The normative rights of workers must be guaranteed, because the main objective of the Manpower Act is to protect the rights and obligations of each party in a balanced way. Based on this study, wage protection norms have fulfilled three legal logical elements, namely in accordance with legislation, social, and justice. The rights of workers for their wages are juridical, sociological, and philosophical them must be prioritized compared to other commitments.

Balance of Rights and Obligations

The balance of rights and obligations is a crucial aspect of labor law. The Manpower Act aims to strike a balance between the rights of workers and the obligations of employers. However, in practice, this balance is often disrupted, leading to exploitation of workers. In this context, the Manpower Act must be revised to include stronger provisions for the protection of workers' rights.

The rights of workers for their wages are non-negotiable things. This guarantee is as important as the company's right to workers that have been guaranteed by the Manpower Law Article 93. The absence of guaranteed protection of workers' wages causes the normative rights of workers to be often ignored. In this case, wage guarantees must be given.

Conclusion

In facing legal and social challenges related to the company's bankruptcy, it is important for all parties to understand and respect the rights of workers. Adequate legal protection will not only provide a sense of justice, but will also encourage sustainable economic growth. Through a fair agreement between the company and workers, it is hoped that harmonious industrial relations can be realized, creating a mutually beneficial situation for all parties.

Recommendations

Based on this study, the following recommendations are made:

The Manpower Law and the Bankruptcy Law must be revised to include stronger provisions for wage protection.
The rights of workers for their wages must be prioritized compared to other commitments.
The balance of rights and obligations must be maintained in labor law.
The position of workers as creditors in bankruptcy law must be strengthened.
The absence of guaranteed protection of workers' wages must be addressed.

By implementing these recommendations, it is hoped that the protection of workers' rights in the context of company bankruptcy can be improved, and that workers can receive fair compensation for their work.

Q1: What happens to workers when a company goes bankrupt?

A1: When a company goes bankrupt, workers often become the most affected victims. Termination of employment that occurs due to bankruptcy of the company greatly affects the life of workers and their families, because their source of livelihood is cut off.

Q2: Why are workers' rights often ignored in cases of company bankruptcy?

A2: Workers' rights are often ignored in cases of company bankruptcy because of the weak protection of workers' normative rights. In many cases, the bankruptcy of the company is even caused by the inability of the company to fulfill the rights of workers.

Q3: What is the role of the Manpower Law and the Bankruptcy Law in protecting workers' rights?

A3: The Manpower Law and the Bankruptcy Law are two important laws that aim to protect workers' rights. However, the absence of guaranteed protection of workers' wages, both in the Manpower Law and the Bankruptcy Law, causes the normative rights of workers to be often ignored.

Q4: What is the importance of wage protection in labor law?

A4: Wage protection is a crucial aspect of labor law, as it ensures that workers receive fair compensation for their work. The absence of wage protection can lead to exploitation of workers, and can even contribute to the bankruptcy of a company.

Q5: How can workers' rights be protected in cases of company bankruptcy?

A5: Workers' rights can be protected in cases of company bankruptcy by ensuring that the Manpower Law and the Bankruptcy Law are revised to include stronger provisions for wage protection. Additionally, the balance of rights and obligations must be maintained in labor law.

Q6: What is the role of the government in protecting workers' rights in cases of company bankruptcy?

A6: The government has a crucial role to play in protecting workers' rights in cases of company bankruptcy. The government must ensure that the Manpower Law and the Bankruptcy Law are revised to include stronger provisions for wage protection, and that the balance of rights and obligations is maintained in labor law.

Q7: How can workers and employers work together to protect workers' rights in cases of company bankruptcy?

A7: Workers and employers can work together to protect workers' rights in cases of company bankruptcy by negotiating fair agreements that prioritize the rights of workers. Additionally, employers must ensure that they fulfill their obligations to workers, including providing fair compensation and maintaining a safe working environment.

Q8: What are the consequences of ignoring workers' rights in cases of company bankruptcy?

A8: Ignoring workers' rights in cases of company bankruptcy can have severe consequences, including exploitation of workers, damage to the reputation of the company, and even bankruptcy. Additionally, ignoring workers' rights can lead to social unrest and economic instability.

Q9: How can workers seek justice in cases of company bankruptcy?

A9: Workers can seek justice in cases of company bankruptcy by filing complaints with the relevant authorities, such as the labor department or the court. Additionally, workers can seek the help of labor unions or lawyers who specialize in labor law.

Q10: What is the future of labor law in cases of company bankruptcy?

A10: The future of labor law in cases of company bankruptcy is uncertain. However, it is hoped that the protection of workers' rights will be strengthened, and that workers will receive fair compensation for their work. Additionally, it is hoped that the balance of rights and obligations will be maintained in labor law, and that workers and employers will work together to protect workers' rights.