Tinjauan Hukum Terhadap Frasa "Didahulukan" Pada Pembayaran Upah Pekerja/Buruh Yang Tertunggak Dalam Kedudukannya Sebagai Kreditur Yang Memiliki Hak Istimewa
Alvian M. Tambunan, Dr. Ninik Darmini, S.H.,M.Hum
2025 | Tesis | S2 ILMU HUKUM JAKARTA
A LEGAL ANALYSIS OF THE PHRASE 'GIVEN PRIORITY' IN THE PAYMENT OF WORKERS’ UNPAID WAGES IN THEIR CAPACITY AS CREDITORS WITH PREFERENTIAL RIGHTS
Alvian M. Tambunan and Ninik Darmini
ABSTRACT
This research aims to examine and analyze the potential conflict in the payment of wages and other entitlements owed to workers/laborers in their capacity as creditors holding a preferential right. Furthermore, the study seeks to explore the interpretation of the term "given priority" (written in Indonesian language as “didahulukan”) in the payment of outstanding wages from the perspectives of justice and legal certainty.
This research is a normative juridical study that relies primarily on secondary data, supplemented by information from key informants. The secondary data consists of primary, secondary, and tertiary legal materials. The research employs both a conceptual approach and a statutory approach. Conclusions are drawn using a deductive method.
The findings indicate that the prevailing laws and regulations in Indonesia, including labour law and other sectoral frameworks, do not conflict with the recognition of workers’ wages as privileged claims in insolvency proceedings. Although certain rights are also prioritized, such as those of secured creditors and other preferred creditors, including the state, Constitutional Court Decision No. 67/PUU-XI/2013, the provisions of the Job Creation Law, and Constitutional Court Decision No. 168/PUU-XXI/2023 have clearly established the hierarchy of creditors. Accordingly, unpaid wages must be settled first, followed by secured creditors, other worker entitlements, other preferred creditors as defined by law, and lastly, unsecured (concurrent) creditors. These provisions are consistent with the principles of justice and legal certainty, and they affirm that the phrase "given priority" reflects a special protective measure for workers in the context of bankruptcy and liquidation
Kata Kunci : upah pekerja, kreditur preferen, perlindungan hak buruh, keadilan dan kepastian hukum, kepailitan