Business Law Case Analysis

Business Law Case Analysis

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Business Law Case Analysis
Plaintiff: Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)
Defendant: PT. Bouraq Indonesia Airlines

Case Background
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.

Reason From Unsatisfied Employee
They gave reason to P4P, that they were understood about the efficiency, but the productivity decreasing was not employees’ fault. Beside, there was an indication that the defendant would diversify the business, instead of paying employees’ separation pay.

Reason From Plaintiff
During the court, P4P issued the Decision Letter (No.660/48/17-10/IX/PHK/4-1999) that the defendant was not allowed to dismiss their employees. The reason was because there was not agreement between the defendant and the 153 employees. The defendant refused that Decision Letter because that would cause the defendant should give the job to the employees back and should pay their wage.

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Reason From Defendant
That situation wasn’t possible anymore because of financial reason; the defendant wasn’t able anymore to financing their wage. Because of that reason, the defendant requested to “Pengadilan Tinggi” to delay P4P’s Decision Letter about refusing the defendant to dismiss their employees. Also the defendant requests an approval to dismiss their employees followed by paying their separation pay.

“Pengadilan Tinggi” Decision
“Pengadilan Tinggi” accepted the defendant requests. The Plaintiff was abuse their right regarding issued Decision Letter that not allowing The Defendant to dismiss their employees. Under “Peraturan Perundang-undangan”, The Plaintiff wasn’t able to issue Decision Letter or even to give recommendation if there was an agreement between the company and their employees.

“Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)” was established under the UU No. 16 Tahun 1957. P4P was a mediator committee. Their job was to solve labor dispute problem between company and their employees. Under the UU No. 16 Tahun 1957, P4P had a right to give a recommendation on the mediation process. P4P also had a right to issue Decision Letter that all side had to obey it, but “Pengadilan Negeri” should legalize first the Decision Letter. If both side didn’t satisfy with the decision, than the case could be issed to the “Pengadilan Negeri”.
In this case, the thing that The Plaintiff and unsatisfied employees should defended was to avoid The Defendant not paying the separation pay. It wasn’t possible anymore to defend the employees back to work to the company because the company wasn’t able anymore to financing their wage. The Plaintiff also should investigate regarding Independent Public Accountant’s investigation. The analysis report from Independent Public Accountant would guarantee the company would able to financing employees’ separation pay.

Case Comparison
Putusan Mahkamah Agung No. 374 K/TUN/2001 (2001)
Plaintiff: Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)
Plaintiff’s Attorney: Inneke M. Siregar, SH.
Defendant: PT. Ahad Tbk. Cabang Bandung

Plaintiff was issued Decision Letter No.1699/1448/392- 3/X/PHK/10-1999. The Decision Letter was not allowed Defendant to dismiss their employee (Drs. A. Suwargi).

• Fraud, done by Eppy Noviar (Defendant’s employee under Drs. A. Suwargi’s division).
• Defendant dismissed Drs. A. Suwargi although he was not involved in the fraud, but the fraud was done under his division so he had to responsible.
• P4P issued “Decision Letter” because they thought that Drs. A. Suwargi should not be held responsible of the fraud done by Eppy Noviar

Court Decision
• Refusing Plaintiff request to issue Decision Letter.
• Under the Corporate Laws, Drs. A. Suwargi has to be held responsible of the fraud.
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