Indonesia with all of its diversities in which law and culture live side by side and become part of state law regularity. Centralistic view contends that the only institution which plays role in creating social regularity is the country through the law formed and determined by the country. In its reality, there are many ‘other forces’ that do not come from the state such as customary law, religion law, habits, trade agreement across country and so on. Those forces also have the ability to regulate the community actions bound in it even sometimes the member or the community in the society prefers to obey the rules formed by their group compared to the state law regulations. The research method used was sociological approach with moral, ethic, and religious approach. Traditional communities are groups of individuals who live from generation to generation in a certain geographical territory and are bind by cultural identities, strong relationships with their indigenous land, regions, and natural resources. Their value system determines their economic, political, and legal institutions. Indigenous peoples are groups of individuals who live from generation to generation in a certain geographical territory and are bind by cultural identities, strong relationships with their indigenous land, regions, and natural resources. Their value system determines their economic, political, and legal institutions arranged by customary institutions that have the authority to govern.
The fourth paragraph at the opening of the Constitution of the Republic of Indonesia states that the Government of the Republic of Indonesia is obliged to protect the entire Indonesian nation, promote the general welfare, and educate the nation's life which is a manifestation of the responsibility of the state which is obliged to create welfare for its people fairly and equitably equally. This constitutional mandate is spelled out in the form of regulations aimed at preventing injustice from the stronger party against the weaker party so that a just and peaceful society can be created. The method used to analyze this problem is through normative and empirical mix and match. The approach used in this study is a statute approach, conceptual approach, and case approach. Legal protection for workers is an obligation for the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The logical consequence of this mandate is the birth of the State's obligation to accommodate facilities and the widest possible opportunity for the community so that they can get a job as well as make it something worthy of humanity. Thus, the violation of basic rights guaranteed by the constitution is a violation of human rights. Protection of workers is regulated in Articles 67 to 101 of the Manpower Law, including those concerning wages and welfare. However, when faced with the COVID-19 pandemic situation, the company immediately provided a force majeure reason to avoid paying severance pay for workers/laborers affected by layoffs. The problem that occurs, in this case, is the termination of employment carried out by companies using force majeure reasons by companies in Indonesia unilaterally. Keywords: Impact, Employees, Pandemic
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