The Impact of Constitutionalism and Social Justice on Protection Employment: A Lesson from Asean Country

Abstract

In Indonesia, numerous laws and regulations regulate laborers' rights to wages in bankrupt companies. However, the rules and regulations governing these still need to be harmonized. Consequently, this research analyzes the effects of bankruptcy and worker protection based on social justice. This research employs normative juridical research incorporating conceptual, legislative, and comparative approaches with other countries. The research results reveal that, first, bankruptcy significantly impacts employees, often pushing them to the back of the creditor queue when the curator distributes bankruptcy assets. Various laws and regulations have regulated safeguarding laborers' rights, but some overlap exists. Consequently, it is crucial to re-establish the status of employees in insolvent companies and harmonize the corresponding regulations to guarantee workers' rights to socially just compensation. Second, despite sharing the same concept as Indonesia, Singapore and Thailand have more sophisticated and effective rules to protect workers' rights. Consequently, to achieve social justice and dignity, Indonesia must adopt regulations in both countries to protect workers' rights in insolvent companies.