No-Spouse Employment and the Problem of the Constitutional Court of Indonesia

Abstract

The role of Constitutional Court as the protector of human rights related with the effort to guarantee the human rights also the worker’s rights with their decision. The decision in this study related with constitutionality of no-spouse employment norms. This study aims to examine the constitutionality aspects related with no-spouse employment policy related with human rightsor worker rights. This study is using statutory approach, conceptual approach and comparative studies concerning no-spouse employment policy. The results show that no-spouse employment policy is contrary with the Constitution and human rights legal instruments. Moreover, there is problem concerning the Decision of the Constitutional Court of Indonesia on the one hand is final and binding but non-executable automatically. This study to encourage the new paradigm to ensure the execution of the Decision of the Constitutional Court of Indonesia, in this context related with decision on the constitutionality no-spouse employment norms.

Introduction Theory and Practice Court Procedural Law Constitution

“…To application that is not Fulfill terms position law (legal standing) and terms clarity Theory as meant Article 74 paragraph (1) to with paragraph (3) and Article 5 of the Constitutional Court Law Heath, (2017); Yusa et al, (2020). when the reason to be base application proven by law and convincing , then the Court decides grant application with state cancel results counting announced vote by KPU and set results counting correct voice as meant by Applicant .…”

Law Reform as the Part of National Resilience: Discovering Hindu and Pancasila Values in Indonesia’s Legal Development Plan

“…The Majapahit kingdom's successful history is symmetrical with Hindu law values related to (1) establishing balances between material/sekala and immaterial/niskala aspects, (2) using Hindu law as an instrument to create Moksartham Jagadhita Ya Caiti Dharma, (3) utilizing Hindu law to determine all society's obedience in carrying out their obligations (swadarma), and (4) applying Hindu law to determine all society's obedience in carrying these roles and aiding Indonesia's national consensus in establishing an ideal legal system by establishing certain rights and obligations on state institutions, state apparatus, and every individual Indonesian citizen to adhere to any policies or take any action necessary to strengthen and fulfill the country's vision. This role also supports the establishment of social justice based on law and supported by national wisdom in prosperous and secure conditions based on Pancasila values.…”

“…The law reform process was conducted by several arguments, inter alia: first, based on the political context, independent states are responsible for determining and enacting national laws that reflect their national identity, national pride, and indigenous values [1], second, based on the sociological context, the existence of law is defined as a reflection of national cultural values, and third, based on the political context, independent states are responsible for determining and enacting national laws that reflect their national identity, national pride, and indigenous values Along with other countries, Indonesia is attempting to avert any adverse consequences of globalization, particularly the 4.0 industrial revolution era. There is a paradigm/orientational conflict between Legal Unification and Legal Pluralism, as well as a conflict between complex cultural transformation and cultural gaps in the direction of national development [3].…”

Discover Crimes against Humanity as Gross Violations of Human Rights: International and Indonesia Perspectives

“…(2009). Penyelesaian Non-Prosekutorial dan Rekonsiliatf terhadap Pelanggaran Hak Asasi Manusia yang Berat, Jurnal Hukum Ius Quia Iustum, 16(2), 222-237, DOI: https://doi.org/10. 20885/iustum.vol16.iss2.art14, pp.…”

“…14 Based on International Law history, it also placed as part of international crimes. 15 The Indonesian government's concern in recent international issues concerning crimes against humanity was realized with the establishment of Indonesia's Human Rights Court, as part of Indonesia's obligations in the civilized international community.Hence, it also related to Indonesia's consequences of ratifying several international human rights law instruments, 16 Indonesia, for example, ratified the fourth of the 1949 Geneva Convention with Law Number 59 of 1958, and and Article 146 of the 4th Geneva Convention as simplified, 17 First, enact the necessary laws to provide effective criminal sanctions against everyone who committed or ordered the execution of gross violations of human rights; second, search everyone who is suspected of committing gross violations of human rights; third, prosecute the perpetrators of these gross violations of human rights regardless of their nationality; and fourth, extradite everyone who committed gross violations of human rights if desired and in accordance with national laws. 18 The recent national and international legal developments shift the fundamental needs for the government to establish the Human Rights Court as a special court for the perpetrators of crimes against humanity in Indonesia have become undeniable and realized into a legal framework with the enactment of the Law on Human Rights Court.…”