Herianti, Wenna (2023) Analisis Putusan Mk No.19/puu-ix/2011 Terhadap Pengujian Undang-undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan. Other thesis, Universitas Islam Riau.

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Abstract

The State of Indonesia is a constitutional state that pays attention to every human right in the constitutional court established and set forth in a binding law. Regarding the Decision of the Constitutional Court Number 19/PUU-IX/2011 concerning Employment related to Termination of Employment is basically a complex issue because it has to do with people who are not working, crime and a decent living for every human being, the issue of termination of employment is a very important topic of issue because it is attached to incidents of human activity. Especially if the Termination of Employment (PHK) carried out by the Company does not reflect the values of justice and only unilaterally or for unsupportive reasons such as the renovation process by companies in Indonesia. The purpose of writing this thesis, namely: First to find out the considerations of constitutional judges in the decision of the Constitutional Court No.19/PUU-IX/2011, Second to know the implications of the decision of the Constitutional Court No.19/PUU-IX/2011 for human rights in Indonesia. The court needs to eliminate the legal uncertainty contained in the norms of Article 164 paragraph (3) of Law 13/2003 in order to enforce This type of research is classified as normative legal research. This legal research uses library research techniques, the data sources used are primary data, secondary data and tertiary data, while the data collection technique in this research is library research. From the results of the study it can be concluded two things. First, Article 164 of the Labor Law actually regulates the reasons for companies to lay off workers because the company is closed and not for any other reason. In addition, the government must also be guided by Article 28D paragraph 2, namely Everyone has the right to work and receive fair and proper compensation and treatment in a work relationship. In order to create welfare for workers or laborers, the two Constitutional Courts act as interpreters, guardians and guardians of the constitution which represent the essence of the 1945 Constitution as the highest source of law. So that in every decision made by the constitutional court must pay attention to the values that live in society, especially related to the human rights of every human being who works for a decent living for them. Author's suggestion First, the government should re-evaluate the regulations related to Law Number 13 of 2003 concerning Manpower so as not to cause multiple interpretations and legal uncertainty. Second, it is hoped that in the future the state must provide protection for the rights of workers who are laid off unilaterally by the company and provide justice for every citizen and the reasons for closing companies must be clear legally and provide workers' rights in accordance with applicable regulations.

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