The Constitutional Implications of Indonesia’s Omnibus Job Creation Law on Workers’ Rights

Abstract

The enactment of the Job Creation Law (Law No. 11 of 2020) on November 2, 2020, was intended to foster a more conducive business environment in Indonesia. This study aims to analyze the legal and constitutional implications of the Job Creation Law on the rights of workers in Indonesia. This research adopts a normative juridical approach, utilizing the comparative legal analysis to examine the compatibility of the Job Creation Law with existing labor regulations and the Indonesian Constitution. The study scrutinizes various legal texts, government regulations, and constitutional provisions to identify potential conflicts and implications for workers’ rights. The analysis reveals that several provisions within the Job Creation Law conflict with existing labor laws and the Constitution. These conflicts systematically degrade workers’ constitutional rights, including the right to secure employment, fair income, and social protection, which are essential for ensuring their welfare. The Job Creation Law, while aimed at fostering economic growth, raises significant concerns regarding the erosion of workers’ constitutional rights in Indonesia. Consequently, a comprehensive review of the Job Creation Law is warranted to prevent broader injustices, particularly concerning workers’ rights in Indonesia.