PERLINDUNGAN HUKUM BAGI PEKERJA YANG MENGALAMI KECELAKAAN KERJA (STUDI PUTUSAN NOMOR. 25/Pdt.Sus-PHI/2020/PN-Mdn)

Authors

  • Ricard Leonardo The Caprio Gultom Universitas HKBP Nommensen
  • Martono Anggusti Universitas HKBP Nommensen
  • Besty Habeahan Universitas HKBP Nommensen

Keywords:

Work Accident;, Legal Protection;, Worker/Labor;, Businessman.

Abstract

The work accident is a problem that usually occurs to worker in a company. In this case, there is an often something that harm in the worker who experience in the work accident so the relation between a worker and employer always stable and avoid from arbitrariness and receive right in the event of work accident in accordance with applicable laws. This study discuss when the worker accident insurance in the decision No.25/Pdt.Sus-PHai/2020/PN-Mdn has complied with the provision of the  Work Accident Insurance (JKK) according to Law No.11 of 2020 concerning Job Creation and how the Legal Protection for worker/laborer who experience work accident who are not registered with the Company (study of decision No.25/Pdt.Sus-PHI/2020/PN-Mdn). To answer this problem, this research use Normative Legal Research Method. This Normative Legal Research, primary legal material, secondary legal material and tertiary legal material are use. The result of this study indicate that the suitability of providing Work Accident Insurance (JKK) decision No.25/Pdt.Sus-PHI/2020/PN-Mdn is in accordance with Law No.11 of 2020 concerning Job creation and companies are required to provide workers/labors right if they experience of work accident eventought they are not register with the company and company pays for the right of workers because they are not register with BPJS  Ketenagakerjaan.

Published

2022-05-29