Evaluation of the Implementation of Balance in Protecting the Rights of Entrepreneurs, and Workers in the Job Creation Law Post-the Constitutional Court Decision Number 168/PUU-XXI/2023: ASocio-Legal Study

This research aims to explore the influence of the Constitutional Court (MK) decision on the President's authority in the formation of Government Regulations in Lieu of Laws (Perppu). In the Indonesian constitutional system, Perppu is a legal instrument used by the President to deal with emergencies that require immediate handling, but this authority often gives rise to debate regarding the limits and conditions for its issuance. MK decisions have a crucial role in interpreting and establishing constitutional parameters for the use of this authority, so this research highlights how MK decisions influence the practice of forming Perppu by the President. This research uses normative juridical methods with a conceptual approach and analysis of relevant Constitutional Court decisions, including case studies of decisions that confirm emergency criteria and procedures for issuing Perppu. The findings of this research reveal that the Constitutional Court's decision has strengthened the principle of checks and balances between the executive and legislative branches, by setting stricter limits regarding the conditions that justify the issuance of a Perppu. Apart from that, the Constitutional Court's decision also emphasized the importance of openness and public participation in the Perppu formation process, as an effort to maintain legal accountability and legitimacy in the midst of an emergency situation. Furthermore, this research shows that the Constitutional Court's decision not only limits the President's authority, but also provides clearer guidance regarding the implementation of the Perppu so that it is in line with constitutional values ??and human rights. In the long term, the Constitutional Court's decisions have the potential to encourage reform in the legal regulatory system, by improving the quality of emergency legislation and strengthening protection of democratic principles. Therefore, this research concludes that the Constitutional Court's decision has a significant impact in ensuring that the President's authority in forming Perppu is used proportionally, appropriately, and in accordance with applicable constitutional provisions. Keywords: Constitutional Court Decision, Presidential Authority, Perppu, Constitution, Democracy, Accountability.

General elections are an important foothold in the contemporary democratic system. Elections are a tangible form of procedural democracy, although democracy is not the same as elections, but elections are one of the most important aspects of democracy that must also be held democratically. Material test of Article 169 letter q of Law Number 7 of 2017 concerning General Elections against Article 28D of the 1945 Constitution of the Republic of Indonesia to the Constitutional Court. Identification of the problem, namely how to consider the legal pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and what are the implications of the Constitutional Court's decision on the development of Indonesian democracy. The purpose of the study is to answer the problem identification, namely to find out the legal considerations of the pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and to find out the implications of the Constitutional Court's decision on the development of Indonesian democracy. The research method used is a normative juridical research method and the nature of this research is descriptive and qualitative. Article 28D paragraph (3) of the 1945 Constitution states that "Every citizen has the right to equal opportunities in government". This must be in line with the theory of distributive justice. The Constitutional Court's decision violates Sapta Karsa Hutama, the Principle of Propriety, the Principle of Non-Partiality, the Principle of Independence, the Principle of Integrity and Courtesy. However, the decision remains valid because the nature of the Constitutional Court's decision is final and binding. As a conclusion in this study, the Constitutional Court Decision is considered in accordance with the principle of distributive justice by adding experience in office as a condition so that it can produce leaders who are more prepared and competent in facing government challenges.

The Constitutional Court is a judicial institution in Indonesia which was established on August 13, 2003. The Constitutional Court has the authority regulated in article 24C of the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court which was later updated to Law Number 8 of 2011. The Constitutional Court has a principle in making a decision on the material test of the law against the Constitution, which applies to everyone, final, independent and impartial. The Constitutional Court's (MK) decision regarding the age limit for presidential and vice presidential candidates (presidential and vice presidential candidates) in Case Number 90/PUU-XXI/2023 continues to reap pros and cons. In the decision, the Constitutional Court granted part of the application that tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This study aims to identify and analyze disputes over the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the material test of article 169 letter q of Law number 7 of 2017 concerning general elections in terms of juridical aspects. The research method used is a literature study of the Constitutional Court decision Number 90/PUU-XXI/2023 with a focus on normative legal analysis. The results of the study show that the Constitutional Court's decision Number 90/PUU-XXI/2023 is formally inconsistent with Law Number 49 of 2009 concerning Judicial Power and Constitutional Court Regulation No. 2/PMK/2021.

<p class="Abstract"><em>This paper aims to analyze how the Constitutional Court protects human rights, especially the rights of women and children. Through one of the powers of the Constitutional Court is to conduct a judicial review of the Constitution. The authority of the Constitutional Court is a push for the realization of the constitutionality of the law in order to protect human rights for everyone, including women and child right. The purpose is to analyze the extent to which the Constitutional Court performs its function as the guardian of the Constitution. The research uses statute approach, the comparative approach, the conceptual approach, and the historical approach, based on four judicial review cases: Constitutional Court Decision No.20/PUU-XI/2013 concerning Judicial Review No. 10 of 2008 of General Elections, Constitutional Court Decision No.46/PUU-VIII/2010 concerning Judicial Review Number 1 of 1974 on Marriage, Constitutional Court Decision No.22/PUU-XV/2017 concerning Judicial Review Number 1 of 1974 on Marriage, and Constitutional Court Decision No.24/PUU-XX/2022 concerning Judicial Review Number 1 of 1974 on Marriage. The results of the review demonstrate that: (1) there is an imbalance in legal products that harm women and children; and (2) the Constitutional Court has a mechanism to correct inequality in legal products through a judicial review mechanism. This paper finds that the Constitutional Court plays a significant role in safeguarding women's rights in law through judicial mechanisms. Moreover, this article provides an academic-based assessment of the Constitutional Court's decisions to provide optimal protection for the fulfilment of the rights of women and children.<strong></strong></em></p><p class="Abstract"><strong><em>Keywords:</em></strong><em> </em><em>Protection, Woman and Children, Rights, Constitutional Court</em><em></em></p>

The Constitutional Court with its Decision No.97/PUU-XIV/2016 stated the word “religion” in Article 61 paragraph (1) and Article 64 paragraph (1) of Law No. 23 of 2006 concerning Population Administration as amended by Law Number 24 of 2014 concerning Amendments to Law Number 23 of 2006 concerning Population Administration is Contrary to the 1945 Constitution of the Republic of Indonesia and does not have legally binding force as long as it does not include "trust". Knowing and analyzing the Constitutional Court's decision at the Ministry of Home Affairs, the Population and Civil Registry Office of Passuruan District, and the Ngadiwono Village Head. This research was conducted using a sociological juridical approach by collecting primary and secondary data, and analyzed descriptively and qualitatively with a focus on the problem of how to implement the decision of the constitutional court no. 97 PUU-XIV/2016? and what are the inhibiting factors in implementing the rights of adherents of the Tengger tribal belief? From the research results, it is known that formally the Ministry of Home Affairs and Dukcapil have implemented the Constitutional Court's decision, but substantially have not implemented the Constitutional Court's decision. The inhibiting factor of the Constitutional Court is theoretically influenced by the paradigm of world religion. The Constitutional Court's decision must be implemented by all government agencies to respect, fulfill and protect trusts. 97 PUU-XIV/2016? and what are the inhibiting factors in implementing the rights of adherents of the Tengger tribal belief? From the research results, it is known that formally the Ministry of Home Affairs and Dukcapil have implemented the Constitutional Court's decision, but substantially have not implemented the Constitutional Court's decision.

Purpose of the study: The objective of this research is to investigate the positive legislature decision of the Constitutional Court, whose hierarchy is ambiguous in the order of Indonesian legal norms. Methodology: This study utilized a doctrinal legal research method with a legal realism approach. The data were sourced from primary, secondary, and tertiary legal materials. The authors employed the literature study as the method to collect data that were then qualitatively analysed. Results: The results of this study indicate that from a formal perspective, the positive legislature decision is a court verdict that falls under the jurisdiction of the judicial branch of power. However, from a material perspective, it encompasses elements such as regulations (regeling) that are genuinely located within the executive and legislative branches of power. Considering the presence of norms (regeling) in the Positive Legislature Decision, it is necessary to evaluate its position within the hierarchy of legal norms in Indonesia. Applications of this study: Constitutional judges can use this research as a reference in making positive legislative decisions. It can also be used as a reference in forming laws as a follow-up to the Constitutional Court's decision. Novelty/Originality of this study: This research revealed that the Constitutional Court's positive legislature decision includes elements of legal norms, also known as regeling, such as statutory regulations. Consequently, it is imperative to evaluate the position of courtly decisions within the hierarchical structure of legal norms in Indonesia. It is also crucial to find the legal reasoning for the Constitutional Court's positive legislature decision. Keywords: Constitutional Court Decisions, Positive Legislature, Legal Norms, Legal Hierarchy ABSTRAK Tujuan Penelitian: Penelitian ini bertujuan untuk mengkaji putusan perundang-undangan positif Mahkamah Konstitusi yang hierarkinya masih rancu dalam tatanan norma hukum Indonesia. Metodologi: Penelitian ini menggunakan metode penelitian hukum doktrinal dengan pendekatan realisme hukum. Data yang digunakan bersumber dari bahan hukum primer, sekunder, dan tersier. Metode pengumpulan data dilakukan dengan studi kepustakaan yang kemudian dianalisis secara kualitatif. Hasil Penelitian: Hasil penelitian ini menunjukkan bahwa dari segi formil, putusan perundang-undangan positif merupakan putusan pengadilan yang berada di bawah yurisdiksi cabang kekuasaan yudikatif. Namun, dari segi materiil, putusan perundang-undangan positif mengandung unsur-unsur seperti peraturan perundang-undangan (regeling) yang secara hakiki berada di bawah cabang kekuasaan eksekutif dan legislatif. Melihat keberadaan norma (regeling) dalam Putusan Perundang-Undangan Positif, maka perlu dikaji kedudukannya dalam hierarki norma hukum di Indonesia. Aplikasi Penelitian: Hasil penelitian ini dapat dijadikan acuan bagi hakim konstitusi dalam mengambil keputusan perundang-undangan positif. Dapat pula dijadikan sebagai acuan dalam pembentukan peraturan perundang-undangan sebagai tindak lanjut putusan Mahkamah Konstitusi. Kebaruan/Keaslian penelitian ini: Penelitian ini mengungkap bahwa putusan MK yang bersifat positif mengandung unsur norma hukum, yang juga dikenal dengan istilah regeling, seperti peraturan perundang-undangan. Oleh karena itu, penting untuk mengevaluasi kedudukan putusan pengadilan dalam struktur hierarki norma hukum di Indonesia. Penting pula untuk menemukan alasan hukum di balik putusan MK yang bersifat positif tersebut. Kata Kunci: Putusan MK, Legislatif Positif, Norma Hukum, Hirarki Hukum

The state of law the main aspect that must be considered is legal certainty. Legal certainty can be realized with the government forming legislation that does not conflict between legal components. One component of the law is a judicial decisions which in this article focuses on the Constitutional Court’s decisions. One of the Constitutional Court’s decisions is the decision on the examination of the Act against the Constitution. In that decision there are statements that contradict or not contradict a norm that is tested by the Constitution. This research purpose is to examine whether the Constitutional Court’s decisions is considered by the legislators to realize legal certainty. A method of writing in this research uses the method of doctrinal research or commonly referred to as normative research. The research results show that there are legislations which are formed in opposition of the Constitutional Court’s decisions particularly relating to judge the legal opinion. Minister of Law and Human Rights Regulation No. 14 of 2019 concerning Ratification of Cooperatives mentions in Article 6 paragraph (3) there are five types of cooperatives, whereas the Constitutional Court's decisions mentions that restrictions on the type of cooperatives will block the creativity of cooperatives. Therefore the guarantee of legal certainty in the legislation does not materialize. DOI: https://doi.org/10.26905/idjch.v11i1.3642.

The Constitutional Court (MK) Decision Number 90/PUU-XXI/2023 has attracted attention in Indonesian legal studies because it is related to the constitutionality test of the 1945 Constitution of the Republic of Indonesia (UUD 1945). The validity of this Constitutional Court Decision, when analyzed through the lens of legal realism, can be understood as the result of a compromise between the law as a norm that must be obeyed and the changing needs of society. Social factors, such as pressure from community groups or public opinion, play a significant role in influencing the Constitutional Court's decision. In this case, the Constitutional Court is tasked with interpreting the constitution in a broader context, which includes responses to socio-political dynamics and developing community aspirations. The legal realism perspective provides an understanding that the validity of the Constitutional Court Decision Number 90/PUU-XXI/2023 does not only depend on the text of the constitution, but is also influenced by developing socio-political dynamics. The Constitutional Court's decision reflects the interaction between legal norms and existing social conditions, with the Constitutional Court functioning as an institution that responds to social demands.

The normative contradiction between Supreme Court Decision Number 23 P/HUM/2024, which raised the age limit for regional head candidates, and Constitutional Court Decision Number 70/PUU-XXII/2024, which precisely nullified the norm regarding the minimum age limit, creates legal uncertainty and potential serious implications for the organization of the Regional Head Elections (Pilkada). This research employs a descriptive analytical method with a normative juridical approach to analyze the legal validity of Supreme Court Decision No. 23 P/HUM/2024 in relation to Constitutional Court Decision No. 70/PUU-XXII/2024 concerning the age limit for candidacy in the 2024 National Simultaneous Regional Head Elections. This approach primarily focuses on the study of library legal materials (secondary sources), which include primary legal materials such as the 1945 Constitution, laws pertaining to the Supreme Court and Constitutional Court, and relevant Supreme Court and Constitutional Court decisions. It also incorporates secondary legal materials in the form of legal scholars' opinions. Data collection was carried out through a literature review (document study), supplemented by limited field study, and analyzed using a qualitative juridical method to formulate answers to the existing legal issues. The research findings indicate that the Supreme Court's (MA) decision regarding the age limit for candidacy registration in the 2024 National Simultaneous Regional Head Elections (Pilkada) lacks binding legal force and there's no legal basis for the MA to review provisions stipulated by Law No. 10/2016 concerning Pilkada. In this instance, the MA has exceeded its authority. Consequently, the legal validity of the MA's decision, in light of the Constitutional Court's (MK) decision on the age limit for Pilkada candidacy registration, is deemed legally invalid under applicable laws and regulations. Therefore, with the MA's decision being invalid, the Constitutional Court's decision is the one that prevails.

The legal consequence of this decision was that the Constitutional Court granted the lawmakers a two-year period to amend the Job Creation Law, following a process that adheres to a clear, standardized, and established method for creating omnibus laws. The Constitutional Court's Decision No. 91/PUU-XVIII/2020 was subsequently followed by the government issuing Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, which contains similar content to the Job Creation Law. This has sparked controversy within the public. Therefore, the issue that will be further examined in this research is how the creation of the Job Creation Government Regulation In lieu of Law complies with the Constitutional Court's Decision No. 91/PUU-XVIII/2020, which declared the law conditionally unconstitutional, and how the harmonization between the Job Creation Government Regulation In lieu of Law and the legal reasoning in the Constitutional Court's decision is achieved. The research method used in this study is a normative juridical approach, which emphasizes library research. This study is descriptive-analytical, with the research stages focusing on secondary data analysis. Data collection techniques include library research and field research through interviews with relevant parties. The results of the study show that the lawmakers did not comply with the Constitutional Court's Decision No. 91/PUU-XVIII/2020, as they did not amend the Job Creation Law as required by the decision. Instead, they chose to issue the Job Creation Government Regulation In lieu of Law. Regarding the harmonization between the Job Creation Government Regulation In lieu of Law and the legal reasoning in the Constitutional Court's Decision No. 91/PUU-XVIII/2020, a lack of harmonization between the two was found.

Even if the Constitutional Complaint for a trial is exceptionally possible, it is necessary to distinguish whether the subject of the Constitutional Complaint is a “judgment subject to retrial” or a “judgment to dismiss a retrial.” According to the Constitutional Court, even if it cancels the “judgment to dismiss the retrial,” it cannot cancel the “judgment subject to retrial.” However, as long as the court's judgment is contrary to the effect of the Constitutional Court's unconstitutional decision, the scope of a trial subject to a Constitutional Complaint cannot be changed by the accidental factor of whether the Constitutional Court's unconstitutional decision is sentenced before or after the “court's judgment.” In order to control the case that provided the cause of the retrial request, at least the retroactive effect of the unconstitutional decision should be recognized in the case where a limited unconstitutional decision is sentenced after a trial applying the law before the Constitutional Court decides it is unconstitutional. This is because the scope of recognition of the trial court is in line with the scope of the retroactive effect of the unconstitutional decision. Therefore, at least the final judgment that provided the cause of the request for retrial, the court's judgment to dismiss the request for retrial, and the Constitutional Court's decision to cancel all of them are on the same line, so it would be reasonable to cancel not only the “judgment of dismissal of retrial” but also the “judgment subject to retrial” through the Constitutional Complaint against a trial, and to sentence the decision to confirm unconstitutionality for the legal provisions on the basis of the “judgment subject to retrial.”

Global warming, which poses a serious challenge to the survival and development of human society, has become an important issue in each country's constitution and related regulatory laws, centering on the right to live and the right to the environment to protect the global ecosystem together while minimizing environmental risks in response to climate change. Based on this research background, this study examined the validity of the basic rights protection screening criteria and measures through comparative case analysis of the Constitutional Court's decision in August 2024 that Article 8 (1) of the Framework Act on Carbon Neutrality and Green Growth did not conform to the Constitution and the German Federal Constitutional Court's climate decision (BVerfG 157, 30f) in 2021. As a result of the study, first, it is noteworthy that the application of laws and administrative plans by the Constitutional Court to set goals for reducing greenhouse gases is based on the environmental rights, which are basic rights under the constitution, and that the state's obligation to protect basic rights to prevent infringement of basic rights is recognized. Therefore, based on Articles 10 and 35 (1) of the Constitution, the state should actively take measures to protect basic rights against environmental rights violations, and it can also be applied to the possibility of infringement of environmental rights due to global warming caused by greenhouse gas accumulation and climate change caused by climate change. Second, it is very reasonable that the Constitutional Court focused on the institutional effectiveness of Article 8 (1) of the Framework Act on Carbon Neutrality in accordance with the goals of reducing greenhouse gases, setting only the reduction goals in detail by 2030 and not presenting additional quantitative levels in any form regarding the reduction goals from 2031 to 2049. In this context, it is also noteworthy that the Federal Constitutional Court of Germany made it clear that Article 20a of the German Framework Act already has a duty of care to give close and special consideration to the risks that the current climate crisis will bring about gradually for the benefit of future generations, keeping in mind the possibility of serious or irreparable damage. Above all, the decision by the Federal Constitutional Court of Germany on April 29, 2021, to be unconstitutional, is significant in that it enhances the importance and preemptive response to the climate crisis and recognizes the scope of the future generation's obligation to protect the environment. In particular, the logical structure emphasizing the principle of prohibiting the underprotection of basic rights and the current generation's climate protection responsibility for future generations is considered to have had some influence on the Constitutional Court's decision on August 29, 2024, to be inconsistent with Article 8 (1) of the Framework Act on Carbon Neutrality. Based on the results of this study, it is expected that the state will consistently maintain the minimum protection ban principle to manage greenhouse gas emissions and climate change at a sufficient level with appropriate and efficient minimum protection measures.

The Constitutional Court (MK) decision number 90/PUU-XXI/2023 regarding the minimum age requirements for Presidential and Vice Presidential candidates has given rise to various discussions, especially in the legal context. This article aims to analyze this decision from the perspective of Islamic law. In Islamic law, leaders must have adequate leadership qualities, including maturity in age. The Qur'an emphasizes the importance of maturity in carrying out responsibilities, and age is often considered a factor that reflects this maturity. However, Islamic law also provides room for interpretation and the context of changing times. The Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates can be seen from the perspective of Islamic law as a policy that seeks to achieve a balance between realistic requirements and the principles firmly held in Islam. In this research there are two focuses of discussion, namely, what are the principles of justice in the decision of the constitutional court number 90/PUU-XXI/2023?, secondly, what is the decision of the constitutional court number 90/PUU-XXI/2023 from the perspective of Islamic law?. The research method used in this research uses qualitative research methodology. Qualitative methods are research procedures whose results are ultimately in the form of descriptive data which includes written words. Overall, the Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates offers a starting point for exploring the relationship between positive law and Islamic law in the context of political leadership. However, further discussion is still needed to determine the extent to which the application of the minimum age requirement is in accordance with deeper Islamic values.

Norms are behavioral guidelines in the Indonesian legal state. Norms continue to exist in the legislation and juridical consequences of constitutional court decisions, and in particular, that of the Constitutional Court. Legal norms have principles that are applied to a wider hierarchy of legal norms and the production of legislation. In essence, the Constitutional Court's rulings have consequences on the actions of the government and therefore the action of governance. Including decision norms in the Constitutional Court's ruling has juridical consequences for the hierarchy of regulations and state legal actions in carrying out the function of government. This article aims to find out how to apply decision norms if there an identical or related decision exists within a different judicial institution. In government institutions bound by the Constitutional Court's decisions, application of decision norms resulted in chaos for the application and enforcement of the law. The implementing agency is faced with the same legal product, namely a verdict in another judicial institution. This causes no legal certainty. Rather than a solution or outcome, implementing agencies are faced with an identical legal response yet no legal certainty. The absence of legal certainty has consequences for government institutions that are bound by the Constitutional Court's decision. By utilizing a hierarchy of legal norms, the issue of rigidity and uncertainty caused by decision norms can be resolved. Likewise, in the legislature, the Constitutional Court's decision is the source of making legal norms. As the Constitutional Court’s decision is the source of legal norm production in the legislature, espousing a hierarchy of legal norms will enable laws and regulations that are formed to reflect justice, certainty and benefit.
 Keywords: Court Decision, Legal Norms, Government.

This study aims to find out and understand the existence of the Job Creation Law after the Constitutional Court Decision Number 91/PPU-XVIII/2020, and the legal meaning of the Job Creation Law after the Constitutional Court Decision Number 91/PPU-XVIII/2020 in terms of legal certainty . The research was carried out using normative research methods, using regulatory, conceptualization and case approaches. The research results show that the existence of the Job Creation Law has an impact on the status of Constitutional Court Decision No. 91/PPU-XVIII/2020 between existence and absence. It is said to exist because it is used as a juridical basis in the Job Creation Law, but substantively the decision of the Job Creation Constitutional Court, especially the constitutional order to substantively improve the Job Creation Law by involving meaningful community participation, is not implemented. The government (in this case the President) actually uses the Job Creation Law instrument which substantively denies the Job Creation Constitutional Court's decision. The legal implications of the Job Creation Law after the Job Creation Constitutional Court's decision have an impact on the law regarding the formation of statutory regulations, because after the Job Creation Constitutional Court's Decision a new concept was accommodated in the form of an omnibus law which had never previously been accommodated by Indonesia. Apart from that, the existence of non-compliance with the Job Creation Law with the Constitutional Decision of the Job Creation Court has the potential to give rise to the phenomenon of constitutional disobedience. Therefore, in the future, it is necessary to formulate the form and type of sanctions for Constitutional Court Decisions and also orientate the Constitutional Court to be able to carry out reviews of laws or laws that conflict with Constitutional Court Decisions. Keywords:Legal Implications: Constitutional Court Decision, Job Creation Law.