Analisis Hukum Islam Terhadap Pemutusan Hubungan Kerja (PHK) Pada Masa Pandemi Covid-19 (Studi Putusan Pengadilan Negeri Kendari Nomor 16/Pdt.Sus-Phi/2020/PN Kdi)

Abstract

Due to the Covid-19 pandemic, layoffs have increased significantly. The number of cases of layoffs reaches tens of millions of cases, most of the companies claim that the layoffs are carried out as an efficiency measure due to force majeure. The purpose of this study is to analyze and describe the views of Islamic law on layoffs during the Covid-19 pandemic in case Number 16/PDT.SUS-PHI/2020/PN KDI. This research is a normative legal research, using a statutory approach and a case approach that is sharpened by a Shari'i normative approach. The data collection method used is a literature study of legal and non-legal materials and in data processing techniques, the authors use the method of selection, classification and classification. From the results of the research on case number 16/PDT.SUS-PHI/2020/PN KDI, the author then concluded that the Fasakh or layoffs carried out by PT. Cilacap Samudera Fishing Industry Kendari branch to its 4 workers is something that is unavoidable due to force majeure due to the covid-19 pandemic, in this case, Fasakh allowed. The company's actions that carry out layoffs must be accompanied by severance pay as a consequence of the layoffs.