Legal Protection For Labor Rights at The Bankruptcy of PT Sritex

Abstract

Legal protection for labors in bankruptcy has been regulated in the labor law and bankruptcy law. However, in its implementation it still faces challenges, as reflected in the case of PT Sritex which shows the weak position of labors and procedural obstacles in fulfilling their rights. This study aims to discuss how legal protection for labors’ rights in the bankruptcy of PT Sritex and what legal steps labors can take to ensure their rights can be fulfilled. This study uses a normative legal method with a statuted approach and a case approach. The focus of the research is to examine the Constitutional Court's decision document Number 168/PUU-XXI/2023, the bankruptcy law, the labor law, and the commercial decision of PT Sritex. Based on the results it concludes that Legal protection for labors in bankruptcy cases of companies such as PT Sritex is guaranteed by various regulations in Indonesia. PT Sritex has attempted to fulfill the rights of laid-off labors Religius Holiday Allowance (THR) payment of wages according to working days, participation in BPJS Ketenagakerjaan, and the promise of severance pay after the assets are sold, although there are still obstacles such as delays in severance pay and administrative constraints on JKP. In conditions where labors’ rights are not fulfilled, there are legal channels ranging from bipartite negotiations, mediation, conciliation, arbitration, to lawsuits to the Industrial Relations Court, as well as other legal remedies such as renvoi lawsuits.