ANALISIS YURIDIS HUKUMAN PIDANA KEPADA PERUSAHAAN YANG TIDAK MEMBERIKAN PESANGON TERHADAP PEKERJA/BURUH YANG DI PHK MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA
This research intends to answer two questions related to the juridical analysis of criminal penalties for companies that do not provide severance pay to workers who have been laid off according to Law Number 11 of 2020 concerning Job Creation. First, the company's obligation to provide severance pay to workers/laborers who have been laid off according to Law Number 11 of 2020 concerning Job Creation. Second, criminal sanctions against companies that do not provide severance pay for laid-off workers. This thesis is a normative research, namely research that focuses on studying the application of positive legal rules or norms. This research uses the statutory approach, historical approach, and conceptual approach. The legal materials used in this study consist of primary legal materials and secondary legal materials. The results of this study indicate that: first, the company's obligation to provide severance pay to workers/laborers who experience layoffs is that the company is obliged to provide compensation to workers which must be stated in a contract or work agreement. Second, companies that do not pay severance pay to laid-off workers or laborers will be given administrative and criminal sanctions in accordance with the provisions, namely entrepreneurs who do not carry out their obligations (severance pay members) are subject to criminal sanctions for a minimum of one year and a maximum of four years or a fine of at least Rp. 100,000,000.- (one hundred million rupiah) and a maximum of Rp.400,000,000.- (four hundred million rupiah) Keywords: Criminal Penalties, Severance Pay, Job Creation Law