Research Article
Position Of Collective Working Agreement Post Related Constitutional Court Decisions UU No. 11 Year 2020 Concerning Creation Of Work
@INPROCEEDINGS{10.4108/eai.16-4-2022.2319791, author={Nana Supiana and Evita Isretno Israhadi}, title={Position Of Collective Working Agreement Post Related Constitutional Court Decisions UU No. 11 Year 2020 Concerning Creation Of Work}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={collective labor agreement; collective labor agreement; post-mk decision; position}, doi={10.4108/eai.16-4-2022.2319791} }- Nana Supiana
Evita Isretno Israhadi
Year: 2022
Position Of Collective Working Agreement Post Related Constitutional Court Decisions UU No. 11 Year 2020 Concerning Creation Of Work
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2319791
Abstract
The Constitutional Court (MK) has decided on the application for a formal and material review Law No. 11 of 2020, related to Job Creation. As a result, from 12 applications for both formal and/or material tests, only 1 application was granted, namely the formal examination of case No. 91/PUU-XVIII/2020. The decision states that Law No. 11 of 2020 is still valid until it is repaired for 2 years. The Constitutional Court also suspended all strategic and broad-impact policies, and did not issue new implementing regulations related to the Job Creation Law. The Constitutional Court (MK) decided that Law No. 11 of 2020 on Job Creation was constitutionally conditional. The establishment of Law No. 11 of 2020 on Job Creation is in breach of the 1945 Constitution, it has only As long as it is not interpreted, that has conditionally binding legal force as such as not being corrected within two years of this decision being pronounced. The strategic position of Collective Labor Agreement/ Collective Labor Agreement, in a company organization that is jointly drawn up between representatives of employers and representatives of trade unions, is one of the means and infrastructures of industrial relations within the organization. All rules and governance related to HR refer to the agreement. If it is not addressed immediately after the Constitutional Court's decision, it will greatly support the laughter of employees through their unions.