THE ROLE OF CONSTITUTIONAL COURT IN DEVELOPING NATIONAL ECONOMY
Anna Triningsih1, Oly Viana Agustine2
1, 2Researcher, Research Center at the Constitutional Court of The Republic Indonesia
Medan Merdeka Barat Street No. 6 Jakarta Pusat 10110
anna.triningsih@esaunggul.ac.id;
Abstract
The birth of the Constitutional Court was not only to ensure that there were no legal products that contradicted the constitution as the highest law, but also as a means of strengthening the mechanisms of mutual balance and checks and balances between branches of state power so as to minimize efforts to abuse of power. This paper will discuss how the Constitutional Court as the guardian of the constitution as well as the guardian of the state ideology performs its constitutional duties through decisions that are capable of influencing and coloring legal and constitutional reform in Indonesia, especially decisions of the state decisions relating to the national economy and employment. There are several decisions that are closely related to the role of the Constitutional Court in developing the national economy, namely the Decision stating that BUMN receivables are not state receivables so that they are settled by the management of each BUMN Bank, Decisions that cancel the Cooperative Act entirely because of the cooperative design in the Act This is similar to a Limited Liability Company, a Decision that gives the legislators the opportunity to make provisions concerning joint ventures in the form of a joint venture within a period of 2 years 6 months, and a Decision that rejects the cancellation of part or all of the Law on Tax Amnesty. On the other hand, the Constitutional Court's position also played a role in creating a harmonious relationship between business actors and workers in order to create a conducive business climate through its decisions, including decisions governing the proportionality of union representation in negotiations with employers, decisions stating only companies it is permanently closed which can be used as a reason for laying off, a decision that provides certainty for the continuity of the work of outsourced workers, and a decision that clarifies the manifestation of written recommendations, namely in the form of minutes of settlement through mediation. Therefore, the achievements and role of the Constitutional Court as a judicial institution in coloring the legal and constitutional reform in the country is reflected in its decisions. In deciding a case, the Constitutional Court often applies a progressive legal paradigm that emphasizes the importance of substantive justice rather than procedural justice. This also implies that the decision of a court does not always have to be bound by absolute formalistic-legalistic, but must also be able to achieve one of its main objectives, namely the fulfillment of the values of justice for the community.
Keywords: Constitutional Court, Judiciary, National Economy, Labor
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