The Social Impact of Force Majeure and The consequences of the Determination of the Covid 19 Disaster Status on Learning the Manpower Law

• Main Author: Evita Isretno Israhadi
• Format: Article
• Language: English
• Published: Journal of Social Studies Education Research 2020-12-01
• Series: Journal of Social Studies Education Research
• Subjects: covid 19, employment, force majeure, learning, social impact.
• Online Access: https://jsser.org/index.php/jsser/article/view/2758

This study aims to explore learning about the labor law regarding the Force Majeure event due to the determination of the 2019 Corona Virus Disease pandemic (Covid-19) National Disaster, which has implications for the termination of employment in Indonesia. This type of research is normative-empirical legal research. The non-Judicial case study's approach is based on primary legal materials, social behavior guidelines, and relevant previous research. The study results reveal that the impact of social force majeure on Termination of Employment due to the determination of the Covid 19 disaster status imposed by the government has resulted in an increase in unemployment and increased economic difficulties for the community. The law of force majeure based on labor regulations and policies reveals that layoffs are carried out after going through the renegotiation process stage. Layoffs cannot just be carried out unilaterally by companies, especially on the Covid 19 outbreak. This is because there are independent auditing steps carried out by stakeholders before actually being declared to have experienced a force majeure condition and enforcing layoffs. In other words, layoffs can be done if both parties have negotiated and are looking to solve the company's financial problems. This research's main contribution is for stakeholders, especially work bound by the company's work contract. By increasing the legal literacy force majeure, the unemployment rate due to layoffs should be controlled. In this case, the government needs to review the Manpower Act regulation related to the force majeure criteria so that social justice can truly be realized for Indonesian workers.