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gambar: indoleft
Constitutional Court Ordered Parliament To Issue A New Labor Law
Saturday, 02 Nov 2024
The Constitutional Court has told the House of Representatives and the Government to come up with a new Labor Law. This came from Constitutional Judge Enny Nurbaningsih during the ruling on the judicial review of Law Number 6 of 2023 about Job Creation, which was challenged by the Labor Party and others.
"Legislators need to quickly create a new labor law that differs from what’s in Law Number 6 of 2023," Enny said during the session at the Constitutional Court in Central Jakarta on Thursday, October 31, 2024. She pointed out that this order is crucial because there are still ongoing questions about the constitutionality of the Labor Law in court.
According to court records, different parts of Law Number 13 of 2003 have been reviewed for constitutionality 37 times. Out of those, 36 cases have been decided, with 12 being accepted fully or partially.
"This shows that before the changes to Law Number 13 of 2003 made by Law Number 6 of 2023, several parts of Law Number 13 of 2003 had already been deemed inconsistent with the 1945 Constitution by the court, meaning they don’t have binding legal power, impacting both the norms that were tested and those found unconstitutional or conditionally constitutional," Enny added.
Enny mentioned that some parts of the law have been found unconstitutional, which means Law Number 13 of 2003 isn't completely valid anymore. Plus, there have been changes to some sections of this law thanks to the Job Creation Law.
"Given this situation, we can expect some inconsistencies or clashes between the two laws," Enny said. "The chances of these inconsistencies are even higher since several provisions in Law Number 13 of 2003 have been struck down by the Court," she added.
In this scenario, Enny pointed out the possibility of overlap between the unconstitutional parts of Law Number 13 of 2003 and the rules set out in Law Number 6 of 2023. "This overlap happens because some provisions in Law Number 13 of 2003 are closely tied to the changes made in Law Number 6 of 2023," she explained.
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