International Journal of Law Reconstruction
Vol 9, No 1 (2025): International Journal of Law Reconstruction

Quo Vadis of Expiration Claims in Indonesian Labor Law: A Corporate Perspective

Amboro, Yudhi Priyo (Unknown)
Tan, Winsherly (Unknown)
Syarief, Elza (Unknown)



Article Info

Publish Date
31 Mar 2025

Abstract

Verdict of Indonesian Constitutional Court No. 100 / PUU-X / 2012 and No. 114 / PUU-XIII / 2015 raises the new values in the expiration claims in the field of labor. This study aims to reveal the description of the new values that applicate at the dogmatic level related to the expiration claims after the Indonesian Constitutional Court Verdict No. 100 / PUU-X / 2012 and No. 114 / PUU-XIII / 2015 on the corporate perspective. This study uses normative juridical research, by analyzing secondary data obtained, including related legislation and court Verdicts. The results of this study are: there still found inconsistencies in the level of implementation of the cases which related to the expiration claim in the labor law, that causes legal uncertainty. This inconsistency is influenced by the philosophical basis used by the Indonesian Constitutional Court to decide the Indonesian Constitutional Court's Verdict No. 100 / PUU-X / 2012 and No. 114 / PUU-XIII / 2015. It is necessary and immediate to change the law related to the regulation of the expiration claims in the field of labor that prioritizing the principle of the good faith to see the interests of all parties in employment.

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Journal Info

Abbrev

lawreconstruction

Publisher

Subject

Other

Description

FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the ...