Implications of Marriage Between Employees of The Same Company Against Work Relationship (Case Study on The Decision of Constitutional Court of The Republic of Indonesia Number 13/PUU-Xv/2017)

Abstract

Labor serves a very crucial factor for economic development and growth in each country. Economic growth is one of the most important indicators for the recruitment of workers. Additionally labor is one of the supporting factors in the production process. In employing the workers, employers must pay attention to human rights, for example, companies are not permitted to prohibit their employees from marrying their colleagues in one company because such a prohibition is a violation of human rights. Therefore the Constitutional Court judge had conducted a material test on the provisions of Article 153 paragraph (1) letter f of Law Number 13/2003 concerning Employment, and decided to remove the prohibition on marriage between employees in one company.The consideration of the Constitutional Court Judge to remove the provisions on the prohibition of marriage between employees in one company is because it is not in accordance with the provisions of Article 27 paragraph (2), Article 28 B paragraph (1), Article 28D paragraph (2) of the 1945 Constitution of the Republic of Indonesia, Article 38 paragraph (1) and (2) Law Number 39 Year 1999 concerning Human Rights, and also contradicts the Article 6 paragraph (1) concerning the International Covenant on Economic, Social and Cultural Rights. The decision of the Constitutional Court Judge is a form of legal protection against constitutional rights for workers.

Keywords: Marriage, Between Employees, Decision of the Constitutional Court.

DOI: 10.7176/JLPG/87-20

Publication date:July 31^st 2019