PERLINDUNGAN HAK KOMPENSASI PHK DALAM PERBANDINGAN UU KETENAGAKERJAAN DAN UU CIPTA KERJA

Abstract

Termination of Employment remains a crucial issue in labor relations, especially following the enactment of the Job Creation Law (Law No. 6 of 2023), which significantly changed the regulation of compensation for workers. The reduction of severance pay and the removal of several components of workers' rights have sparked debates about the weakening of labor protection. This research aims to compare the provisions on termination compensation under the Manpower Law (Law No. 13 of 2003) and the Job Creation Law, while also identifying ways to optimize workers’ severance protection. This study uses normative legal research with a literature-based approach, focusing on relevant regulations and scholarly legal sources. The findings show that the Job Creation Law tends to favor business flexibility, but at the risk of reducing workers’ entitlements. Therefore, there is a need to strengthen labor inspection systems, expand access to the Job Loss Insurance program, and empower labor unions to negotiate fairer collective labor agreements. In conclusion, any regulatory change in employment law must ensure a balanced approach between business efficiency and the protection of workers’ rights.