Kepastian Hukum dan Keadilan dalam Pemutusan Hubungan Kerja: Kajian Teori Hukum terhadap Perlindungan Pekerja di Indonesia

Abstract

Termination of employment is a legal issue that concerns not only the end of an employment relationship, but also legal certainty, justice, and the protection of workers. This study examines how legal certainty and justice are applied in the termination process in Indonesia and how legal theory can be used to assess the balance of protection between workers and employers. It employs normative juridical research using statutory, conceptual, and case approaches. The primary legal materials include Indonesian employment legislation, legislation on the settlement of industrial relations disputes, and Constitutional Court Decisions No. 168/PUU-XXI/2023 and No. 132/PUU-XXIII/2025. The analysis draws on the concepts of legal certainty, justice, and legal protection, as well as the legal thought of Hans Kelsen and H. L. A. Hart. The study finds that legal certainty cannot be understood merely as the formal application of rules; it must also involve transparent procedures, a meaningful opportunity for workers to raise objections, and effective access to dispute resolution. The Constitutional Court’s decisions reinforce the importance of bipartite negotiations and lawful dispute-settlement mechanisms. Accordingly, termination of employment should satisfy procedural legality while also advancing substantive justice, so that workers’ protection and employers’ legitimate interests can be balanced.