Business Lae And Its Analysis

635 words - 3 pages

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 crisisfollowed 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 ...view middle of the document...

 

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. 

Analysis 
“Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)” was established under the UU No. 16 Tahun 1957. P4P was a...

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