Wijayanti, Asri and Satria Unggul, Wicaksana Prakasa and Hariri, Achmad and Supriyo, Agus and Babussalam, Basuki
(2021)
Existence of Visum Et Repertum on the Occurrence of Persecution as Evidence of Work Termination.
Jurnal Cita Hukum, 9 (3).
pp. 449-460.
ISSN 502-230X
Abstract
Employment relationships may end due to abuse by workers. The existence of abuse must be medically proven. This research aimed to analyze the existence of a visum et repertum for the occurrence of abuse that can be used as evidence in termination of employment. This legal research was normative with a statutory approach. The results showed that persecution was a criminal act. There was no requirement for a judge's decision in the District Court which already had permanent legal force for the occurrence of persecution as a condition for the validity of the layoff as if the visum et repertum was no longer needed. It was enough that the acts of abuse committed by workers were regulated in the Employment Agreement, Company Regulation or Collective Labor Agreement, then the persecution as a form of an urgent violation can be used as a valid reason for the termination of employment (Article 81 number 37 of the Job Creation Law jo. Article 151 / 3 Manpower Law jo. article 52/2 Government Regulation 35/2021. The researchers’ efforts to review labor regulations related to urgent violations in the Indonesian manpower system are a form of evaluation of the weaknesses of the Job Creation Law and its implementing regulations can be able to assist legislators to develop and enforce laws that protect certain vulnerable groups namely workers in applying the principle of presumption of innocence.
Keywords: Forensics; Persecution; Termination
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