%0 Thesis
%9 Skripsi
%A Riyanto, NIM.: 21103070106
%B FAKULTAS SYARIAH DAN HUKUM
%D 2026
%F digilib:79912
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K constitutional court; protection of workers; human rigth; maqāṣid
%P 165
%T EKSISTENSI HUKUM MAHKAMAH KONSTITUSI DALAM PUTUSAN NOMOR 168/PUU-XXI/2023 TERHADAP PERLINDUNGAN HAK PEKERJA DI INDONESIA
%U https://digilib.uin-suka.ac.id/id/eprint/79912/
%X The Constitution of the Republic of Indonesia-specifically Article 27, Paragraph (2) of the 1945 Constitution-guarantees every citizen the right to work and a livelihood befitting human dignity. However, the introduction of the relevant regulations sparked controversy and opposition from workers and labor organizations. The Constitutional Court subsequently issued Ruling Number 168/PUU-XXI/2023, which essentially reaffirmed the necessity of protecting workers' fundamental rights as part of the constitutional mandate. This ruling is highly significant as it rectifies provisions deemed to lack the legal certainty and fairness required for workers. This study employs an empirical legal research method, utilizing human rights theory and Maqāṣid theory. The approaches adopted include the case approach, the statutory approach, and the conceptual approach. The research is descriptive-analytical in nature. Data sources comprise primary, secondary, and tertiary legal materials, while data collection techniques involve documentation and observation. Based on human rights theory, this study finds that Constitutional Court Decision Number 168/PUU-XXI/2023 strengthens the protection of workers' rights by ensuring certainty regarding employment relationships, wages, termination of employment, and severance pay. The decision aligns with the 1945 Constitution and the ICESCR, both of which guarantee the right to work and the right to fair and decent working conditions. The Constitutional Court affirmed that economic and investment interests must not undermine workers' fundamental rights and dignity. Viewed through the lens of Maqāṣhid, the decision reflects an effort to realize maṣlaḥah (public interest/benefit) and prevent mafsadah (harm/corruption), particularly regarding the preservation of life (ḥifẓ al-nafs) and the preservation of wealth (ḥifẓ al-māl). Consistent with Jasser Auda’s systems approach, worker protection must be balanced with business interests so that labor law remains oriented toward justice, welfare, and human development.
%Z Proborini Hastuti, M.H.