Banjarmasin, sakti.or.id- Untuk kesekian kalinya PT. MARITIM BARITO PERKASA (MBP) anak perusahaan PT. Adaro Logistic yang tergabung dalam Grup Adaro Kembali digugat oleh Mantan Awak Kapal/Anak Buah Kapal (ABK) nya ke Pengadilan Hubungan Industrial. Berdasarkan Hasil penulusuran perkara melalui SIPP PN. Palangkaraya, Perkara Perselisihan Hubungan Indsutrial tersebut teregister dengan Nomor Perkara : 4/Pdt.Sus-PHI/2023/PN.Plk yang sidang perdananya akan dilaksanakan pada hari Kamis, 30 Maret 2023
Menurut M. Adnan Tianotak, SH., Ketua Serikat Pekerja/Serikat Buruh Pelaut Borneo Bersatu yang sekaligus salah satu Kuasa Hukum ABK tersebut, Kasus ini terjadi akibat dari PHK sepihak yang dilakukan oleh PT.MBP kepada anggota Kami yang terjadi sekitar awal tahun 2020, berhubung karena yang akan dihadapi ini salah satu anak perusahaan yang masih termasuk dalam salah satu perusahaan tambang batu bara terbesar di Indonesia maka, kasus ini baru kami daftarkan untuk digugat di Pengadilan Hubungan Indsutrial.
Kami butuh banyak referensi dari Yurisprudensi putusan-putusan PHI yang substansinya sama dengan perkara ini agar perkara ini bisa kami menangkan sehingga ABK yang merupakan Anggota dari Serikat Pekerja Kami bisa mendapatkan hak-haknya sebegaimana peraturan perundang-undangan yang berlaku di bidang ketenagakerjaan. Walaupun menghadirkan saksi ahli yaitu salah seorang profesor Hukum dari UGM Prof. Dr. Ari Hermawan SH. M.HUM., tapi kami punya pengalaman mengalahkan PT. MBP di Pengadilan Hubungan Industrial Banjarmasin walaupun kami juga memiliki pengalaman kalah dari PT. MBP di PHI Banjarmasin, sehingga skor sementara masih 2 – 1 untuk kemenangan PT. MBP tapi kami yakin skor tersebut akan berubah dan berbalik untuk kemenangan kami, karena kami masih memiliki beberapa perkara lagi dengan PT. MBP yang akan didaftarkan untuk di gugat di PHI.
Kami berharap Majelis Hakim yang akan memerikasa dan Memutus perkara ini bisa bersikap Netral dan tidak memihak ke salah satu pihak agar Putusan yang dihasilkan dapat memenuhi rasa keadilan dan kepastian hukum di Masyarakat khususnya bagi para Pelaut/ABK, selain itu dengan adanya putusan PHI kami berharap Managemen PT. MBP dapat melakukan evaluasi internal terkait aturan ketenagakerjaan bagi para ABK yang seharusnya tunduk pada aturan ketenagakerjaan dan bukannya tunduk pada aturan yang katanya-katanya tanpa didasari landasan hukum yang benar dan jelas agar dikemudian hari Permasalahan PHK harus sesuai prodedur sehingga PHK sepihak tidak terjadi lagi bagi para ABK, karena dengan adanya PHK yang diikuti dengan Penerimaan ABK baru sangat berpotensi dimanfaatkan oleh oknum-oknum Nakal di dalam PT. MBP untuk mendapatkan keuntungan Pribadi. “tutup” Adnan. 17/03/2023. ( Rahmatulloh )
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