Legal Reconstruction of the Multi-Stakeholder Union Model Regulation Based on Pancasila Justice Value

Abstract

This study aims to criticize the legal construction of multi-stakeholder unions which are not in line with the principles of Pancasila justice. From this critical study, new theories/ideas were generated regarding the system and arrangement of multi-stakeholder unions that are just Pancasila through the reconstruction of Ministerial Regulation no. 08 of 2021 concerning Unions with a Multi-Stakeholder Model using a constructivism paradigm with a normative juridical approach. This type of research is descriptive qualitative. This study uses 4 problem approaches, namely the statute approach, the historical case approach, the comparative approach to law, and the conceptual approach. The legal materials used in this research are primary legal materials and secondary legal materials with data collection methods through library research. Data analysis in this study used qualitative analysis. The results show that the legal construction of multi-stakeholder unions in Indonesia is not in line with the values and principles of Pancasila justice as There is a principle discrepancy between the substance or legal norms of the Regulation of the Minister of Union and Small and Micro Enterprises (PERMENKUKM) no. 08/2021 with the principle of kinship in the 1945 Constitution of the Republic of Indonesia, there is also conflicting legal substances or norms between the lower regulation (PERMENKUKM No. 08/2021) and the higher regulation (Law No. 25/1992 and the Job Creation Law). Then, The existence of material content or legal norms PERMENKUKM No. 08/2021 which exceeds the material limit of a ministerial regulation regulated in Law No. 12/2011 and Law no. 15/2019. Based on this, it is necessary to reconstruct a number of norms in Ministerial Regulation no. 08 of 2021 concerning Unions with a Multi-Stakeholder Model, reconstruction of legal structures or institutions is needed in the form of increasing the ability and understanding of the Ministry of Unions and Small and Medium Enterprises towards Unions and reconstruction of legal culture in the community and union managers.