The Legal Responsibility Charged Due to Bankruptcy Decisions

Oct 13, 2025 by windailys.com 34 views

Protection of Employee Rights in the Company's Bankruptcy: A Juridical Review

Introduction

Bankruptcy or dissolution of a company can have a devastating impact on the protection of the rights and the future of its employees. The interests of company employees who are declared bankrupt are generally related to salary and severance payment. Although employees are placed as preferred creditors who have priority rights to receive the first payment of bankrupt company assets, the company declared bankrupt as an insolvent debtor may not be able to pay all its obligations, including salary and severance to employees as preferred creditors. This is a critical issue that needs to be addressed, as employees are often left with no choice but to bear the brunt of the company's financial difficulties.

Background

The bankruptcy of a company can have a significant impact on the lives of its employees. When a company is declared bankrupt, it can lead to the loss of jobs, reduced income, and even financial instability for employees. In many cases, employees are left with unpaid salaries and severance pay, which can be a significant burden on their financial well-being. This is why it is essential to understand the legal framework that governs the protection of employee rights in the company's bankruptcy.

Research Methodology

This study uses a normative legal research method with a qualitative approach, which refers to the values and legal norms contained in statutory regulations. The main legal material used in this study is Law Number 37 of 2004 concerning Bankruptcy and Delay of Debt Payment Obligations (PKPU). This law provides a framework for the protection of employee rights in the company's bankruptcy, and it is essential to understand its provisions in order to provide effective protection to employees.

The Legal Responsibility Charged Due to Bankruptcy Decisions

The first problem that this study examines is the legal responsibility charged due to bankruptcy decisions. When a company is declared bankrupt, the court may impose certain responsibilities on the company's directors and officers. These responsibilities may include the payment of unpaid salaries and severance pay to employees, as well as the payment of other debts owed by the company. The court may also impose penalties on the company's directors and officers for their role in the company's bankruptcy.

The Legal Protection of Employee Rights in the Bankruptcy of the Company

The second problem that this study examines is the legal protection of employee rights in the bankruptcy of the company. The law provides that employees are entitled to priority rights to receive the first payment of bankrupt company assets. This means that employees are entitled to receive payment of their unpaid salaries and severance pay before other creditors. However, the company declared bankrupt as an insolvent debtor may not be able to pay all its obligations, including salary and severance to employees as preferred creditors.

The Authority of the Commercial Court in Prosecuting Employees' Demands

The third problem that this study examines is the authority of the Commercial Court in prosecuting employees' demands on salaries or severance pay that has not been paid by the company. The authority of the Commercial Court lies in the absolute authority of the General Court to examine the bankruptcy request. This means that the Commercial Court has the power to investigate the company's financial situation and to determine the amount of unpaid salaries and severance pay owed to employees.

Suggestions for Judges and Law Makers

The results of this study suggest that judges who handle cases of salaries and severance pays of employees through the Commercial Court can pay more attention to the rights and fate of employees who generally have a low financial position. It is also expected that the law maker in the future can pay more attention to the long-term interests of the employees. With the passing of Law No. 37 of 2004 is expected to provide protection for employees as company stakeholders.

Conclusion

This article provides a deeper understanding of the problems faced by employees in the company's bankruptcy case. By understanding the rights and legal mechanisms in force, it is expected that employees can be more protected and get justice in dealing with difficult situations such as company bankruptcy. The study highlights the importance of protecting employee rights in the company's bankruptcy and provides suggestions for judges and law makers to improve the protection of employee rights.

Recommendations

Based on the findings of this study, the following recommendations are made:

Judges who handle cases of salaries and severance pays of employees through the Commercial Court should pay more attention to the rights and fate of employees who generally have a low financial position.
The law maker in the future should pay more attention to the long-term interests of the employees.
The law should be amended to provide more protection for employees as company stakeholders.
The Commercial Court should be given more authority to investigate the company's financial situation and to determine the amount of unpaid salaries and severance pay owed to employees.

Limitations of the Study

This study has several limitations. Firstly, the study only examines the legal framework that governs the protection of employee rights in the company's bankruptcy. It does not examine the practical implications of this framework on employees. Secondly, the study only examines the law in Indonesia and does not examine the law in other countries. Finally, the study only examines the protection of employee rights in the company's bankruptcy and does not examine other forms of employee protection.

Future Research Directions

This study provides a foundation for future research on the protection of employee rights in the company's bankruptcy. Future research could examine the practical implications of the legal framework on employees, examine the law in other countries, and examine other forms of employee protection. Future research could also examine the impact of the company's bankruptcy on employees and their families, and examine the role of the Commercial Court in protecting employee rights.

References

Law Number 37 of 2004 concerning Bankruptcy and Delay of Debt Payment Obligations (PKPU)
Limited Liability Company Law
Commercial Court Law
General Court Law

Appendices

List of abbreviations
List of tables and figures
List of references cited in the text
List of appendices cited in the text
Protection of Employee Rights in the Company's Bankruptcy: A Juridical Review

Q&A: Protection of Employee Rights in the Company's Bankruptcy

Q: What happens to employees when a company is declared bankrupt?

A: When a company is declared bankrupt, employees may face significant financial difficulties, including unpaid salaries and severance pay. The company's bankruptcy can also lead to the loss of jobs, reduced income, and even financial instability for employees.

Q: What are the rights of employees in the company's bankruptcy?

A: Employees have priority rights to receive the first payment of bankrupt company assets. This means that employees are entitled to receive payment of their unpaid salaries and severance pay before other creditors.

Q: How does the law protect employee rights in the company's bankruptcy?

A: The law provides that employees are entitled to priority rights to receive the first payment of bankrupt company assets. The law also gives the Commercial Court the authority to investigate the company's financial situation and to determine the amount of unpaid salaries and severance pay owed to employees.

Q: What is the role of the Commercial Court in protecting employee rights?

A: The Commercial Court has the power to investigate the company's financial situation and to determine the amount of unpaid salaries and severance pay owed to employees. The court can also impose penalties on the company's directors and officers for their role in the company's bankruptcy.

Q: What are the limitations of the law in protecting employee rights?

A: The law has several limitations in protecting employee rights. For example, the law may not provide adequate protection for employees who have not been paid their salaries and severance pay. The law may also not provide adequate protection for employees who have been terminated from their jobs due to the company's bankruptcy.

Q: What are the suggestions for judges and law makers to improve the protection of employee rights?

A: Judges who handle cases of salaries and severance pays of employees through the Commercial Court should pay more attention to the rights and fate of employees who generally have a low financial position. The law maker in the future should pay more attention to the long-term interests of the employees. The law should be amended to provide more protection for employees as company stakeholders.

Q: What are the recommendations for future research on the protection of employee rights in the company's bankruptcy?

A: Future research could examine the practical implications of the legal framework on employees, examine the law in other countries, and examine other forms of employee protection. Future research could also examine the impact of the company's bankruptcy on employees and their families, and examine the role of the Commercial Court in protecting employee rights.

Q: What are the implications of the company's bankruptcy on employees and their families?

A: The company's bankruptcy can have a significant impact on employees and their families. Employees may face financial difficulties, including unpaid salaries and severance pay. The company's bankruptcy can also lead to the loss of jobs, reduced income, and even financial instability for employees.

Q: What are the suggestions for employees who are facing financial difficulties due to the company's bankruptcy?

A: Employees who are facing financial difficulties due to the company's bankruptcy should seek legal advice and representation. Employees should also keep records of their unpaid salaries and severance pay, and should seek assistance from government agencies and non-profit organizations that provide support to employees who are facing financial difficulties.

Conclusion

The protection of employee rights in the company's bankruptcy is a critical issue that needs to be addressed. Employees have priority rights to receive the first payment of bankrupt company assets, and the law provides that employees are entitled to protection from the Commercial Court. However, the law has several limitations in protecting employee rights, and judges and law makers should pay more attention to the rights and fate of employees who generally have a low financial position.