CHALLENGES AND SOLUTIONS IN RESOLVING TERMINATION DISPUTES OF NONCIVIL SERVANT EMPLOYEES AT REGIONAL PUBLIC HOSPITALS

Abstract

Background - The termination (PHK) of non-civil servant (non-ASN) employees in regional public hospitals
presents substantial legal, social, and administrative challenges. Despite general protection under Indonesian labor laws, gaps remain for non-ASN employees, particularly in job security and contract renewal. The absence of
comprehensive technical guidelines and discrepancies between central and regional regulations exacerbate
disputes during terminations.
Purpose - This study analyzes the legal and administrative complexities surrounding the termination of non-ASN employees in regional public hospitals. It seeks to identify regulatory gaps and propose actionable solutions to ensure fair, transparent, and efficient employment practices..
methodology - This research employs a normative-juridical approach, integrating legal analysis with empirical data from interviews with stakeholders in regional public hospitals. Data sources include primary legislation, secondary literature, and qualitative insights.
Findings - Findings reveal discrepancies in regulatory interpretation, inadequate procedural justice, and minimal legal protection for non-ASN employees, which contribute to operational inefficiencies and employee dissatisfaction. These issues underscore the urgent need for harmonized regulations, strengthened legal
frameworks, standardized contracts, and improved dispute resolution mechanisms to safeguard employee rights and enhance hospital operations.
Originality - This research is different from the others, namely how to guarantee the welfare of Blud employees when their contracts are terminated, namely the regulation of the obligation to become BPJS Employment participants so that if they leave they will receive severance pay or a pension.