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VOL. 12, ISSUE 3 (2026)
Judges' considerations concerning unilateral layoffs against workers in Indonesia: Comparative study of Decision Number 509 K/Pdt.Sus-Phi/2021 and Decision Number 54 K/Pdt.Sus-Phi/2021
Authors
Arsyneta Kautzar, Kadek Wiwik Indrayanti
Abstract
Unilateral layoff is one of the forms of
industrial relations disputes that often gives rise to differing legal
interpretations in judicial practice. One of the examples of this phenomenon
can be found within Decisions No. 509 K/Pdt.Sus-PHI/2021 (Decision 509) and No.
54 K/Pdt.Sus-PHI/2021 (Decision 54), both of which relate to unilateral
termination of employment but yield different legal considerations. Based on
the legal phenomenon, this study aims to analyze the basis for the judges'
considerations in these two decisions and assess whether the judges'
considerations reflect the values of justice. The judges' considerations,
being the example here for research, are the judges' Decision Number 509 K/Pdt.Sus-PHI/2021
and Decision Number 54 K/Pdt.Sus-PHI/2021. This study also aims to assess
whether these considerations reflect the values of justice. The study employs
a normative juridical method with a statutory, case-based, and conceptual
approach. The results show that the two decisions have different orientations.
Decision Number 509 K/Pdt.Sus-PHI/2021 emphasizes legal certainty through
proving the element of default, while Decision Number 54 K/Pdt.Sus-PHI/2021
emphasizes worker protection and substantive justice. This difference indicates
a disparity in interpreting the unilateral layoff for workers.
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Pages:133-136
How to cite this article:
Arsyneta Kautzar, Kadek Wiwik Indrayanti "Judges' considerations concerning unilateral layoffs against workers in Indonesia: Comparative study of Decision Number 509 K/Pdt.Sus-Phi/2021 and Decision Number 54 K/Pdt.Sus-Phi/2021". International Journal of Humanities and Social Science Research, Vol 12, Issue 3, 2026, Pages 133-136
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