INQUIRY OF LAW TO LAW NUMBER 11 YEAR 2020 CONCERNING COPYRIGHT IN PROTECTING THE RIGHTS OF WORKERS

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SRI HARTINI, ABDU RAHMAT ROSYADI, DESTY ANGIE MUSTIKA

Abstract

This research will answer the lawsuit against Law Number 11 of 2020 concerning Job Creation, as part of the Omnibus Law which is considered not to meet the formal elements in the legal formation process based on Law Formal elements and the decision of the Constitutional Court on the application of the work copyright law which applies conditionally within 2 (two) years after the decision of the Constitutional Court to be corrected. If the copyright law is not amended during this time, it is considered unconstitutional. The problem that gives rise to lawsuits against the work copyright law is because there are changes to several articles that are considered detrimental to the legal rights of workers (laborers) in the event of unilateral termination of employment by employers without going through a process of dialogue and other conventions for the workers. The lawsuits were filed by the Petitioners with legal standing according to the law consisting of various elements of society, including the lawsuits from representatives of the workers. The lawsuit was submitted by the Petitioners to the Constitutional Court as the owner of the authority through Constitutional Court Decision Number 91/PUU-XVIII/2020. In the ruling, it is stated that Law Number 11 of 2020 concerning Job Creation is Contrary to the 1945 Constitution and does not have conditionally binding legal force. If within the time limit of 2 (two) work copyright laws and their articles or material content of the law are not processed in accordance with the principles of establishing laws and regulations, the work copyright law is declared permanently unconstitutional.

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Section
Intellectual Property Law