Position Ofemployee As a Privileged Creditors Faced With a Debt Of Bankruptcy That Is Much Larger Than The Bankruptcy Assets
Mima Rosmiati, Yeti Sumiyati, Efik Yusdiansyah, Naufal, Jafra, Salma, Annisa

Universitas Islam Bandung

Abstract

When the curator settles the bankruptcy estate, the rights of the employees are fulfilled from the proceeds from the sale of budgets following the laws and regulations Even though the employee^s position is placed as special creditors, if the bankruptcy debtor^s liabilities are much greater than bankruptcy assets, the employee^s character as special creditors does not have a significant effect because usually the debtor^s assets are given first to the separatist creditors. This also happened to the bankruptcy of Tranka Kabel Ltd. and Nyonya Meneer Ltd. The methods of this research are normative juridical. The research specification is descriptive analytical, and the data analysis method is qualitative analysis with a deductive approach. Legal protection for workers or laborers to get wages or severance pay and other rights from companies that have been declared bankrupt in its implementation does not provide a sense of justice for workers, which is guaranteed constitutionally in Article 28D of the 1945 Constitution. This is marked by legal protection for workers or laborers at Tranka Kabel Ltd., and Nyonya Meneer Ltd., who are not optimal because not all of their rights in the form of wages are paid entirely by the bankruptcy company, while severance pay and other rights are not at all a priority in their payments.

Keywords: Employee Rights, Wages, and Severance Pay, Bankruptcy

Topic: Law and Ethics in Terms of Islamic Perspective