Right of Workers are Guaranteed in the Constitution Siti Marwiyah 1 , M. Syahrul Borman 2 , Bachrul Amiq 3 , Vieta Imelda Cornelis 4 {siti.marwiyahsh@unitomo.ac.id 1 } 1,2,3,4 Dr. Soetomo University, Indonesia Abstract. The constitution has provided protection for workers/laborers to get paid for their work as a form of protection of human rights for every citizen. However, in the implementation of the Manpower Act and the Bankruptcy Law = Act found differences in norms regarding the rights prioritized payment. According to the Manpower Act, if the company is declared bankrupt, the payment is prioritized to the worker/hunter, while in the Bankruptcy Law the payment is to the separatist creditor. Keywords: Payment of Wages for workers/laborers 1. Introduction The world of employment in Indonesia is faced with very complex problems. Various criticisms were aimed at the Indonesian government, which in general was still considered not serious or even failed to deal with labor problems [1], [2]. One problem is the problem of protecting workers' rights. Employment rights are often the topic presented in various labor actions that take place every May 1 (commemorating International Labour Day) in connection with the non-implementation of these rights by the state (government) or company. Companies that ideally provide protection actually issue policies that harm or not humanize them [3]. Related to the world of labor Constitution in article 28 D; Paragraph (1): "Everyone has the right to recognition, guarantee, protection, and legal certainty fairness and equal treatment before the law ", Paragraph (2): "Every person has the right to work and receive compensation and treatment fair and decent work relations". And implementively from the constitution there are 2 (two) rules that govern regarding employment, namely Law No. 13 of 2003 concerning Labour (UUK), Article 95 paragraph 4 states that in the event that a company is declared bankrupt or liquidated based on applicable laws and regulations, then the wages and other rights of the workers/laborers are debt the payment takes precedence. But vice versa Law No. 37 of 2004 concerning Bankruptcy and Postponement of Obligations of Debt Payments (PKPU Law). 2. Problem For 2 (two) regulations concerning worker rights/in terms of priority payment of wages there is a disharmony between the regulations contained in the article 95 paragraph 4 of Law No. 13 of 2003 concerning Labour which prioritizes rights workers for companies declared bankrupt than other creditor rights are in conflict with the norms stated in article 138 of Law No. 37 of 2004 concerning Bankruptcy and the postponement of obligations for debt payments (PKPU Law) that take precedence payments from other separatist credentials rather than workers. ACHITS 2019, July 30-31, Surabaya, Indonesia Copyright © 2019 EAI DOI 10.4108/eai.30-7-2019.2287616