Constitutional Court Ordered Government And Parliament To Develop A New Labor Law

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Constitutional Court Ordered Government And Parliament To Develop A New Labor Law

, 03 Nov 2024

The Constitutional Court has directed the House of Representatives and the Government to formulate a new Labor Law. This instruction was issued by Constitutional Judge Enny Nurbaningsih during the ruling on the judicial review of Law Number 6 of 2023 regarding Job Creation, which was brought forth by the Labor Party and other parties.

"Legislators are required to swiftly develop a new labor law that is distinct from the provisions outlined in Law Number 6 of 2023," Enny remarked during the session at the Constitutional Court in Central Jakarta on Thursday, October 31, 2024. She emphasized that this directive is essential due to the ongoing challenges to the constitutionality of the Labor Law in the court.

Court data indicates that various sections of Law Number 13 of 2003 have undergone constitutional scrutiny 37 times. Of these cases, 36 have been adjudicated, with 12 being accepted in whole or in part.

"This indicates that prior to the amendments made to Law Number 13 of 2003 by Law Number 6 of 2023, several provisions of Law Number 13 of 2003 had already been ruled by the court as inconsistent with the 1945 Constitution and therefore lack binding legal authority, affecting both the tested norms and those identified as unconstitutional or conditionally constitutional," Enny further explained.

Enny pointed out that certain elements of the law have been deemed unconstitutional, leading to the conclusion that Law Number 13 of 2003 is no longer fully intact. Furthermore, modifications have been made to some sections of Law Number 13 of 2003 through the enactment of the Job Creation Law.

"In light of this, it is reasonable to anticipate potential inconsistencies or conflicts between the two pieces of legislation," Enny remarked. "Additionally, the likelihood of such inconsistencies will be exacerbated by the fact that various provisions in Law Number 13 of 2003 have been invalidated by the Court," she continued.

In this context, Enny highlighted the potential for overlap between the provisions that have been ruled unconstitutional in Law Number 13 of 2003 and those established in Law Number 6 of 2023. "This overlap arises because certain provisions in Law Number 13 of 2003 are closely linked to the amendments introduced in Law Number 6 of 2023," she clarified.