THE PROHIBITION TO HAVE MARITAL BOND BETWEEN EMPLOYEES

IN THE SAME COMPANY AFTER THE CONSTITUTIONAL COURT

DECISION NO. 13/PU-XV/2017: THE PERSPECTIVE OF LABOUR LAW
AND HUMAN RIGHTS LAW

ABSTRACT

The enactment of the prohibition of marriage between employees in the

same company has raised the pros and cons of various circles concerning
whether or not there is a violation of human rights. Until, the Constitutional
Court conducted a judicial review of Article 153 paragraph (1) sub-paragraph f
of Manpower Law and decided that some of the phrases in the article are
contrary to the 1945 Constitution and no binding legal force. The purpose of
this research is to find and get the settlement of the issues related to the
politics of law of Constitutional Court Decision No. 13/PUU-XV/2017 and any
implications that arise along the issuance of the Constitutional Court decision.
This research was conducted by using analytical descriptive through
normative juridical approach based on the legal principles, applicable
concepts and norms that related to the juridical facts relevant to the legal
issues being analyzed.
The result of this research conducted by the Author are, First, the
restrictions on the right of a person to marry with fellow employees in the
same company is a violation of the human rights and the release of the
Constitutional Court Decision No. 13/PUU-XV/2017 is a form of escort from
the institution of judicial power in order to politics law is in line with the
objectives of the state to be achieved in the national legal system, i.e. to
protect human rights and ensure the laws are no longer in conflict with the
1945 Constitution and constitution. Second, the Constitutional Court Decision
emphasizes the prohibition for employers not to do the termination of
employment due the marital bond. This decision is final and binding, which
means it applies not only for the litigants but for anyone including the
government in its role as the legislator and inspector in
Secondly, the Constitutional Court Decision reinforces the notion for
employers not to terminate their employment due to marital ties. This verdict
is final and concerted, which means it applies not only to the payable but to
anyone including the government in its role as legislator and inspector in
manpower affairs.

Keywords: Prohibition of Marriage, Human Rights, Labour Law, judicial review