Aktualisasi Perlindungan Hukum atas Jaminan Kehilangan Pekerjaan Perskeptif Hukum Positif di Indonesia

Abstract

The purpose of implementing job loss insurance is to provide legal protection while maintaining a decent standard of living when workers lose their jobs/are laid off so that it will motivate workers to want to work again or try to be independent. This study uses a normative legal research type with research results explaining that legal protection for job loss insurance can be actualized if the entrepreneur has made contributions to the job loss insurance program for at least 12 months in 24 months and has paid contributions for a minimum of 6 consecutive months at BPJS Ketenagakerjaan prior to layoffs or termination of employment. The benefits of legal protection for job loss guarantees are regulated in Article 46D of Law Number 40 of 2004 in the form of cash, access to job market information, and job training. The right to job loss security benefits cannot be transferred, mortgaged, or confiscated as an implementation of a court decision. If a dispute occurs, the dispute resolution procedure is listed in Article 45 of Government Regulation Number 37 of 2021 through deliberation, mediation and state courts