TITLE:
Unfair Practice of Statute of Limitation in the Court of Industrial Relation
AUTHORS:
Salahudin Gaffar, Agus Karsona, Indra Perwira, Yani Pujiwati
KEYWORDS:
Statute of Limitations, Employment Termination, Industrial Dispute Settlement, Court of Industrial Relations, Labor Law
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.10 No.5,
May
6,
2022
ABSTRACT: Article
171 of the Law No. 13/2003 j.o. Article 82 of Law No. 2/2004 primarily regulates
1 (one) year statute of limitations for the employees to submit an objection
against their employment termination to the Court of Industrial Relations (“CIR”). Suppose they miss such chance;
the rights will subsequently vanish. This research focuses on the
statute of limitations to submit an objection against the employment termination through
juridical-normative approach. The qualitative data is collected through
secondary resources acquired by the author from the database published by the
relevant institution to the public. The study results show that the court
continues to accept and examine the cases despite this statute of limitations.
Such a condition injures justice and results in legal uncertainty.