JUDGE’S DECISION ON WORK TERMINATION DISPUTE IN INDONESIA AFTER CONSTITUTIONAL COURT DECISION NUMBER 37/PUU-IX/2011

Testing the provision of Article 155 section (2) Law Number 13 of 2003 on Manpower has been decided by the Constitutional Court (CC) through decision Number 37/PUU/IX/2011. Prior to the Constitutional Court decision, there are many various interpretations of undetermined clause. The Constitutional Court firmly states that the undetermined clause must be interpreted as “having a permanent legal force ".This study aims to analyze how the judges dismissed dispute of work termination cases in Indonesia after the decision. The research applied juridical normative method by using secondary data literature such as legal documents, previous studies and other references which are relevant to the judges' decision within the Supreme Court after the Constitutional Court decision. Based on the analysis temporary result, the judges within the Supreme Court in 3 regions (Padang, Pekanbaru and Jakarta Pusat) and the Supreme Court itself are not practically guided by the Constitutional Court decision. It obviously results in the lack of legal certainty for the parties, especially workers.Keyword: Constitutional Court, Industrial Relation Court, Interpretation, Supreme Court.Testing the provision of Article 155 section (2) Law Number 13 of 2003 on Manpower has been de-cided by the Constitutional Court (CC) through decision Number 37/PUU/IX/2011. Prior to the Con-stitutional Court decision, there are many various interpretations of undetermined clause. The Con-stitutional Court firmly states that the undetermined clause must be interpreted as “having a per-manent legal force ".This study aims to analyze how the judges dismissed dispute of work termina-tion cases in Indonesia after the decision. The research applied juridical normative method by using secondary data literature such as legal documents, previous studies and other references which are relevant to the judges' decision within the Supreme Court after the Constitutional Court decision. Based on the analysis temporary result, the judges within the Supreme Court in 3 regions (Padang, Pekanbaru and Jakarta Pusat) and the Supreme Court itself are not practically guided by the Con-stitutional Court decision. It obviously results in the lack of legal certainty for the parties, especi-ally workers. Keyword: Constitutional Court, Industrial Relation Court, Interpretation, Supreme Court