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MK Instructs DPR And Government To Create A New Labor Law

The Constitutional Court has instructed the House of Representatives and the Government to create a new Labor Law. This directive was given by Constitutional Judge Enny Nurbaningsih during the ruling on the judicial review of Law Number 6 of 2023 concerning Job Creation, which was submitted by the Labor Party and others.

"The lawmakers must promptly establish a new labor law and separate it from what is covered in Law Number 6 of 2023," Enny stated during the session at the Constitutional Court in Central Jakarta on Thursday, October 31, 2024. She explained that this order was necessary because the substance of the Labor Law has been repeatedly challenged for its constitutionality in the court.

According to data from the court, parts of Law Number 13 of 2003 have been tested for constitutionality 37 times. Out of these, 36 cases have been decided by the court, with 12 being accepted, either fully or partially.

"This means that before parts of Law Number 13 of 2003 were amended by Law Number 6 of 2023, several aspects of Law Number 13 of 2003 had already been declared by the court as contrary to the 1945 Constitution and lack binding legal force, both for all tested norms and those deemed unconstitutional or conditionally constitutional," Enny added.

Enny stated that some parts of the law have been declared unconstitutional. Therefore, reasonably speaking, Law Number 13 of 2003 is no longer complete. Additionally, some parts of Law Number 13 of 2003 have been changed by the Job Creation Law.

"Given this fact, it is reasonable to consider that there may be inconsistencies or disharmony between the two laws," Enny said. "Moreover, the risk of inconsistency and disharmony will be harder to avoid since several provisions in Law Number 13 of 2003 have been ruled unconstitutional by the Court," she added.

With this situation, Enny noted that there is a possibility of overlap between the provisions declared unconstitutional in Law Number 13 of 2003 and those in Law Number 6 of 2023. "This overlap occurs because some provisions in Law Number 13 of 2003 are intertwined with the changes made in Law Number 6 of 2023," she explained.

Tag: DPR