Summary: | The goals to be achieved by the author through this thesis research, is to
determine the Law Number 37 of 2004 concerned on Bankruptcy and Suspension
of Payment in accomodating dan ensuring the wages of workers/laborers in
bankruptcy and to determine the relationship and the responbililities of the curator
to the rights of workers/laborers who are not accomodated.
This research conducted by the normative juridical method. The data which
used in this study consisted of primary data, secondary data, and tertiary data.
Primary data obtained from the national law and jurisprudence, secondary data
obtained from examining the books and conference papers related to the
employment law and bankruptcy law, and the tertiary data obtained by internet
data. The results of the study were analyzed qualitatively and deductively.
From the results of this study concluded that the weak position of workers /
laborers to obtain rights (wages) in the case of bankruptcy due to the absence of a
clear and unequivocal interpretation giving rise to the denial of the rights of the
workers / laborers in the company they work who are experiencing bankruptcy by
the commercial court decision. To that end, the Government / State must close the
legal loopholes to make improvements Law that is mutually supportive and
complementary so there is no conflict or disharmony between bankruptcy law and
PKPU and labour Law, Government / State also needs to regulate the relationship
between the workers / laborers and through various regulations Curator concrete,
so there is a legal guarantee of the rights of workers / laborers at the time the
debtor is declared bankrupt and all the maintenance switch to the curator as a
substitute for entrepreneurs.
Keyword: Laborers, Wages, Bankruptcy, Curator
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