UPAYA HUKUM PEKERJA ATAS PERUSAHAAN YANG DINYATAKAN PAILIT OLEH PENGADILAN NIAGA

Abstract

The research entitled "Worker's Legal Efforts In Companies Declared Bankrupt By Commercial Court" aims to: First, To provide insight to the public, especially workers about the rights of workers to bankrupt companies. Second, to find out what kind of legal effort that can be done by workers / laborers if they do not get the rights as creditor.

This research is normative juridical by using approach of legislation (atatue approace) that is Constitution of Republic of Indonesia 1945, Book of Civil Law (Burgerlijk Wetboek), Law no. 13 of 2003 on Manpower, Law no. 37 of 2004 concerning Bankruptcy and Postponement of Obligation of Debt Payment, Law no. 2 Tahuhun 2004 on Industrial Relations Dispute Settlement.Based on the results of the study can be concluded: First, that the rights of workers in companies that have declared bankruptcy is not regulated specifically in the Law no. 13 of 2003 concerning Manpower which should be a reference by workers / laborers in the case. Secondly, in the effort to fulfill the rights of the workers there are still many factors that give rise to non-fulfillment of debts of bankruptcy property to workers. Being cheated by the debitor who did the sale of boedel property that should be the responsibility of the curator

Keywords: Bankruptcy, Labor Law, Workers' Rights