ANALISIS PERLINDUNGAN HUKUM UPAH PEKERJA PADA PERUSAHAAN PAILIT (Studi Putusan No. 24/Pdt.Sus.Lain-lain/2018/PN.Niaga.Sby Jo. Kasasi No. 747 K/Pdt.Sus-Pailit/2019 Jo. Peninjauan Kembali No. 4 PK/Pdt.Sus-Pailit/2021)

The components of the wage policy for workers are in the form of minimum wages, overtime wages, and wages as the basis for calculating other rights and obligations. However, if the company is in bankruptcy, Article 39 Paragraph (2) of the Bankruptcy Law stipulates that if a company is declared bankrupt, from the date the bankruptcy declaration decision is pronounced, the wages payable before and after the bankruptcy declaration are assets owed for bankruptcy. Referring to this, the author took 2 (two) formulations of the problem related namely 1) hoe is the legal protection for the wages of PT. Karya Karang Asem Indah in bankruptcy and 2) what is the basis for legal considerations (ratio decidendi) used by judges in decision No. 24/Pdt.Sus.Lain-lain/2018/PN.Niaga.Sby Jo. Cassation No. 747 K/Pdt.Sus-Pailit/2019 Jo. Judicial Review No. 4 PK/Pdt.Sus-Pailit/2021. The research method uses normative juridical approach to pendekatan statute approach, conceptual approach, and case approach. Primary legal materials, namely Civil Code, Bankruptcy Law, Manpower Law, and Job Creation Law. Secondary legal material from the literature of books, theses, journals, etc. Collection of legal materials with library research and all that is done content analysis. This discussion shows 1) that the legal protection of workers' wages has been regulated in Article 39 Paragraph (2) of the Bankruptcy Law and Article 95 Paragraph (4) of the Manpower Act and 2) of the three decisions, Decision No. 24/Pdt.Sus.Lain-lain/2018/PN.Niaga.Sby has provided protection regarding workers' wage rights as the basis for legal considerations namely Article 39 Paragraph (2) of the Bankruptcy Law and PKPU and Article 95 Paragraph (4) of the Law Employment, considering that in this case PT. Karya Karang Asem Indah is in bankruptcy, so that lex specialis is bankruptcy law by temporarily setting aside its employment law. The conclusion of this writing, Decision No. 24/Pdt.Sus.Lain-lain/2018/PN.Niaga.Sby has protected workers' wage rights as stated in the basis for consideration in accordance with the Bankruptcy Law and Manpower Law. The author's suggestion is to the judges to do more research and relevance to the basic considerations that will be used in the decision so that there are no errors in applying the law and causing harm to workers