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VOL. 6, ISSUE 3 (2024)
Liability for loss of workers' diplomas as a guarantee for workers due to force majeure
Authors
Rendy Kusmeidy, Dwi Tatak Subagiyo
Abstract
This study aims to analyze the national legal provisions that regulate
the application of withholding workers' diplomas by companies and to analyze
the legal consequences for companies regarding the loss or damage to workers'
diploma guarantees due to force majeure. This research uses a normative method
with a statutory approach. The results of this research show that if the
diploma used as security for workers is lost or damaged due to force majeure
(force majeure) such as natural disasters, fires, or other unexpected events
that are beyond human control, then the worker can submit a claim to the company
to be held responsible. for such loss or damage. Legal protection against loss
or damage to diplomas used as collateral can be provided in several ways.
First, workers can ask the company to provide insurance for valuables that are
used as collateral. Second, workers can ask the company to make a written
agreement that regulates the company's responsibilities in the event of loss or
damage to the diploma. Liability by the company for the loss or damage to a worker's
diploma due to force majeure in the context of breaking the law is compensation
to the worker. The form of legal protection for workers when the diploma used
as collateral is lost is based on Article 1365 of the Civil Code which is used
as a guideline in filing a lawsuit for an unlawful act against the company.
This is done to obtain compensation for losses experienced and ensure that the
company is responsible for actions that harm workers.
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Pages:202-208
How to cite this article:
Rendy Kusmeidy, Dwi Tatak Subagiyo "Liability for loss of workers' diplomas as a guarantee for workers due to force majeure". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 202-208
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