The Expansion of Absolute Competence in Industrial Relations Court (PHI) by Resolving Disputes over Termination of Employment (PHK) against Deceased Workers Based on the Principle of Justice

Abstract

Termination of Employment (PHK) is a central issue in industrial relations that often causes disputes between workers and employers. Based on article 61 paragraph 1 of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. One of the forms of layoffs regulated is layoffs due to the death of workers, which legally causes the end of employment relations automatically (layoff by law). The death of a worker is also regulated in Government Regulation Number 35 of 2021 in article 36 letter o and is regulated in detail in Article 57 regarding the calculation of the rights obtained. This research uses normative juridical research. Based on this research, it can be concluded that the expansion of the absolute competence of the Industrial Relations Court (PHI) in handling disputes over termination of employment (PHK) due to the death of workers is a legal urgency that cannot be ignored. Although the employment relationship ends automatically (by law), facts in the field show that heirs often face administrative and juridical obstacles that cause delays in the fulfillment of workers' normative rights. This research confirms that PHI has the philosophical, juridical, and theoretical basis to be given explicit authority to resolve such disputes in order to ensure substantive justice and legal certainty for the heirs.