Bakri, Zulkifli (2025) Implikasi Putusan Mahkamah Konstitusi Dalam Pengujian Undang-undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Terhadap Sistem Hukum Ketenagakerjaan Yang Berkeadilan. Other thesis, Universitas Islam Riau.

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Abstract

Law examination against Undang Undang Number 13 of 2003 concerning employment (UUK) has granted by Mahkamah Konstitusi (MK) as many as 11 (eleven) decisions. In practice, there are differences in interpretation between employers, workers and even the government thus causing employment law?s injustice and uncertainty. To solve those differences, Mahkamah Agung (MA) has issued Surat Edaran (SEMA) Number 4 of 2014 and SEMA Number 3 of 2015, the government has also issued regulations that did not in line with MK?s decision, and it?s not completely become follow-up action for renewal and remaking the UUK. This research is necessary to be carried out since there are 2 (two) problems that must be solved, as follow: first, how the verdict implication of the MK?s decision in the UUK examination against employment law system? Second, how the ideal concept of the arrangement of Indonesia?s employment law system post MK decision? To study these two law problems, constitution theory, legislation examination and justice in both Islamic perspective and Pancasila, and John Rawls?s theory of justice are used. Perspective characteristic in the analysis study is implemented with utilizing juridical normative method, statute approach, case approach and conceptual approach. The study outcome concludes that first, the 11 (eleven) Constitutional Court's decision regarding UUK has implications that fulfil constitutional rights towards applicants and those decisions are giving a sense of justice and law certainty. The implementation for government is implementing the decision Number 115/PUU-VII/2009, Decision Number 27/PUU-IX/2011, Decision Number 67/PUU-XI/2013 and Decision Number 13/PUU-XV/2017 to the employment law system. However, 7 (seven) other MK?s decisions are raising law?s injustice and uncertainty so it has implications to the workers and entrepreneurs. Second, the future ideal concept of law employment system, the government must establish the preemployment regulation, employment regulation and post-employment regulation. During pre-employment stage, government shall make the regulation containing right and obligation both employer and employees. During employment and past-employment stage, government shall revise the amount of representative worker composition to contribute the company?s regulation establishment and amendments, workers can dispute the change of company?s regulation to supervisor if there is subtraction wit hin the company?s regulation in distinction to the previous company, reconstruct employment supervision function in a bipartite process and mediation, (LKS) Bipartite forum enabled for policy decision, in case one of the employers or workers or SP/SB is indicated to obstruct the bipartite and mediation process, hence the mediator have to request the labor inspector to carry out an inspection process and includes the MK?s decision becomes payload material in UUK changes. Keywords: Labor Law, Constitutional Court Decision, Verdict Implicat.

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