Analisis Yuridis Keabsahan Mutasi Tanpa Dasar Hukum Dan Implikasinya Terhadap Pemutusan Hubungan Kerja (PHK): Studi Kasus Putusan Nomor 1187 K/PDT.SUS-PHI/2021

Abstract

This study aims to analyze the application of Article 169 paragraph (1) letter e of Law Number 13 of 2003 concerning Manpower in assessing the validity of mutations without legal basis as a legitimate reason for termination of employment (PHK), by examining the Supreme Court Decision Number 1187 K/Pdt.Sus-PHI/2021. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that unilateral mutations carried out without legal basis and without considering the interests of workers constitute a violation of the employment agreement and the principle of legal protection. The Supreme Court emphasized that the actions of employers who order workers to carry out work outside of what was agreed upon can be categorized as a violation of Article 169 paragraph (1) letter e of the Manpower Law, which gives workers the right to file for PHK accompanied by compensation in accordance with Article 156. This decision reflects legal protection for workers from arbitrary mutations and strengthens the principle of justice in industrial relations. Furthermore, the Court emphasized that the employer's prerogative to transfer employees is not absolute, but must be exercised with due regard for the principles of justice, legal certainty, and a balance between the interests of the company and the employees.