Justice as the Aim of/for Formation of Labor Law in Indonesia (A Review of Philosophy of Law)

Abstract

It is necessary to not only study the phenomenon of manpower in Indonesia from the normative perspective of law, but it is also necessary to expand to labor law in philosophical order which should be able to make the practitioners and involved parties understand the essence, implementation and the meaning of labor law, it means the law in the philosophical order, in the aspect of manpower is to create harmonious dynamic and equitable industrial relationships. The understanding of labor law as a goal is still not given enough attention and/or still underdeveloped, so that often there are positive law (what is written or as it is) nuances in the application of labor law from the making, approval and implementation, until decision at court level. It is expected that the use of philosophical juridical aspects in the implementation of labor laws regarding the praxis basis will make the implementation of labor laws to be fairer to the parties involved, by introducing good values from the normative, the sociological (experience), and the philosophical order. Philosophy is used as the balance for law enforcement dimension, which is conditioned as a reflection of justice as a moral will, so that positive law can realize certainty (juristische geltung) and usefulness (soziologische geltung). So, the philosophy of law essentially wants to explore the essence of the law. It wants to understand law as an appearance or manifestation of a principle that supports it as an embodiment of the ideals of law which in a legal sense is formed in accordance with the principle of justice which is desired in the implementation of aspects of industrial relations.