Post-Constitutional Court Ruling Number 168/PUU-XXI/2023: The Impact On Trade Unions And Worker Protection In Semiconductor Manufacturing
DOI:
https://doi.org/10.31941/pj.v24i1.5504Keywords:
Constitutional Court, Number 168/PUU-XXI/2023, industrial, workers, semiconductor manufacturing in IndonesiaAbstract
The Constitutional Court's Decision Number 168/PUU-XXI/2023 concerning the testing of the Job Creation Law has had a significant impact on various aspects of employment in Indonesia, including the protection of workers' rights and the role of trade unions in strategic industries. The purpose of this study is to analyze the impact of the Constitutional Court's decision Number 168/PUU-XXI/2023 on industrial relations between workers and entrepreneurs in the semiconductor manufacturing sector in Indonesia. This study uses a qualitative approach with a case study design to analyze the impact of the Constitutional Court's decision Number 168/PUU-XXI/2023 on labor unions and worker protection in the semiconductor manufacturing sector. The results of this study show that the Constitutional Court Decision Number 168/PUU-XXI/2023 provides more flexibility for employers in regulating employment, which has an impact on the tension of industrial relations between workers and employers, especially related to the increase in workload and reduced protection of workers' rights. This can be seen from data that shows a decline in workers' trust in trade unions and an increase in dissatisfaction with working conditions. Although unions have great potential in protecting workers' rights, they face major challenges in increasing member participation and their relevance to workers' needs. Employers who neglect worker welfare risk lower employee retention and productivity, while companies that care about worker welfare show more positive relationships with unions as well as better stability. The government also plays an important role in creating a balanced labor policy, prioritizing the welfare of workers without neglecting flexibility for employers
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References
Dressel, Björn, and Cristina Regina Bonoan. “Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines.” Law and Policy 46, no. 3 (2024): 277–297.
Gani, Iskandar A., Romi Asmara, Sulaiman, and Asmaul Husna. “The Constitutional Court’s Protection and Fulfilment of the Citizens’ Rights: Constitutional and Islamic Law Perspectives.” Samarah 8, no. 1 (2024): 317–338.
Lemme, Michele. “Constitutional Constraints on Public Debt in the Ecological Transition Era.” European Journal of Comparative Economics 21, no. 1 (2024): 97–121.
Manthwa, Aubrey. “An Appraisal of the Borrowing of European Values to Systematically Convert Customary Law into ‘ Constitutional Customary Law ’” 9515 (n.d.).
Melannie, Wennie, and Megawati Barthos. “Fulfillment of Creditors’ Rights in The Execution of Fiduciary Guarantees Post Constitutional Court Ruling Number 18/PUU-XVII/2019.” ICLSSEE, no. 18 (2024).
Molaba, Taboko Isaac, and Mpho Paulos Bapela. “The Evolution of Freedom of Testation in Post- Constitutional South Africa.” Juridica 20, no. 1 (2024): 7–21.
Oder, Bertil Emrah. “The Turkish Constitutional Court and Turkey’s Democratic Breakdown: Judicial Politics Under Pressure.” ICL Journal 18, no. 1 (2024): 127–163. https://doi.org/10.1515/icl-2023-0043.
Peffley, Mark, and Robert Rohrschneider. “Populism and Support for Limiting the Power of Constitutional Courts: The Case of Germany.” Political Behavior, no. August (2024). https://doi.org/10.1007/s11109-024-09928-8.
Pilcher, Nick, and Martin Cortazzi. “Qualitative” and “Quantitative” Methods and Approaches across Subject Fields: Implications for Research Values, Assumptions, and Practices. Quality and Quantity. Vol. 58. Springer Netherlands, 2024. https://doi.org/10.1007/s11135-023-01734-4.
Prasetyo, Dossy Iskandar. “The Political Shift in Legal Power of the Judiciary Post Constitutional Amendment.” Jurnal Hukum Unissula 40, no. 1 (2024): 244–259.
Pujayanti, LPVA, Z Z Nugrahayu, and ... “Indonesia’s Constitutional Court: Bastion of Law Enforcement and Protector of Human Rights in The Reform Era.” Jurnal Pamator … 17, no. 1 (2024): 35–49. https://journal.trunojoyo.ac.id/pamator/article/view/24128.
Purnama, Dian, Amiruddin, and Rina Khairani Pancaningrum. “The Scope of Pre-Trial Post Constitutional Court Ruling.” RESEARCH REVIEW International Journal of Multidisciplinary 9, no. 3 (2024): 116–123.
Review, Juridical, O F Changes, T O The, Decision Of, and Indonesian Constitutional Law. “Juridical Review Of Changes To The Decision Of The Constitutional Court In The 2024 General Election Contestation Reviewed From The Perspective Of Indonesian Constitutional Law.” Ganesha Law Review 6, no. 1 (2024): 43–51.
Setiadi, Teguh, Komarudin Komarudin, and Eric MC Manaman. “Protection Law Post Decision Court Constitution and Enforcement the Law Create Work for Employee Based on Agreement Work Time Certain from PT. Sapphire Success Express.” International Journal of Multicultural and Multireligious Understanding 11, no. 3 (2024): 93.
Steuer, Max. “Judicial Self-Perceptions and the Separation of Powers in Varied Political Regime Contexts: The Constitutional Courts in Hungary and Slovakia.” European Politics and Society 25, no. 3 (2024): 537–555.
Steytler, Nico. “Constitutional Approaches to Diversity and Non-Discrimination in Multi-Level States: Indonesian and South African Jurisprudential Perspectives.” Courts and Diversity (2024): 260–282.
Sukanda, Robie Brilliando, Khairani Khairani, and Yussy Adelina Mannas. “Legal Certainty for the Provision of Employee Services as the Intent of Protection of Labor Rights Based on Labor Rights and Its Implementation in PT. Semen Padang.” International Journal of Multicultural and Multireligious Understanding 7, no. 6 (2020): 568.
Syaidi, Ridwan, Zainal Arifin Hoesein, and Ahmad Redi. “Resolution of Disputes Over The Regional Head Elections Post The Constitutional Court Decision Number 85/PUUXX/2022 Regarding The Implementation of Simultaneous Regional Elections in Indonesia.” Eduvest - Journal of Universal Studies 4, no. 3 (2024): 1396–1412.
Taufan Soedirjo, Achmad, and Faisal Santiago. “Political Dynamics in the Selection of Judges of the Constitutional Court of Indonesia: A Critical Analysis of Integrity and Independence.” Journal of World Science 3, no. 3 (2024): 428–439.
Umami, Allan Mustafa, and Muhammad Farid Alwajdi. “Execution of Fiduciary Guarantees Post Constitutional Court Decision Number 18 / PUU-XVII / 2019 According to Legal Justice Theory” 9, no. 2 (2024): 251–260.
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