LABOR PROTECTION DURING THE COVID-19 PANDEMIC: AN INDONESIAN EXPERIENCE

Abstract

In the dynamics of employment in Indonesia, the working relationship does not necessarily run optimally or can be said to experience problems that can be caused by the worker or the company. From these factors, it can allow for disputes between workers and employers in terms of termination of employment, especially during the Covid-19 Pandemic. This will cause several companies in Indonesia to lay off their workers. Some business actors have started to show concern, they think that the Covid-19 pandemic can be used as a justification for employers to reduce employees by considering it as force majeure. This is considered the urgency to conduct research. This research uses doctrinal law research or normative legal research. The research examines laws and regulations (law in books) or the rules/norms and principles contained in legislation, doctrines in legal science. Law is intended to refer to positive legal norms (ius constitutum). The results of this research show that the Covid-19 pandemic can be categorized as an unexpected event at the time the policy was made. That is, if there is a policy made during this pandemic and causes the termination of relations, it cannot be used as an excuse as a force majeure. Thus, there is a need for legal protection of Indonesian workers by the state to guarantee workers’ rights and realize workers' welfare.