PERLINDUNGAN HUKUM BAGI TENAGA KERJA YANG MENJALIN IKATAN PERKAWINAN DALAM SATU PERUSAHAAN (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XV/2017)

Article 153 Paragraph (1) Letter f of Law Number 13 of 2003 Concerning Manpower was previously a loophole for employers to make a policy prohibiting marriage within one company on the grounds that it required professionalism at work. Problems were found when companies carried out Termination of Employment (PHK) for workers who entered into marital ties among fellow workers in the same company based on work agreements, company regulations, and or collective labor agreements. The existence of these problems makes the workers of PT. PLN (Persero) submitted an application for review of Article 153 Paragraph (1) Letter f of Law Number 13 of 2003 Concerning Manpower because it was considered to be contrary to Article 28B Paragraph (1) and Article 28D Paragraph (2) of the Constitution of the Republic of Indonesia, to then issued a Constitutional Court Decision Number 13/PUU-XV/2017 which granted the petition of the applicants in its entirety. With this research, the author tries to explore how legal protection is for workers who enter into marital ties in one company after the Constitutional Court Decision Number 13/PUU-XV/2017 and what efforts are made by the employer (company) in his work affairs without undermining the decision. This research is included in normative research with literature research. The approach used in this study is an analytic descriptive approach, namely research that seeks to describe the problem through collecting, compiling, and analyzing data, then explaining it and then giving an assessment. The legal materials used in this study include primary legal materials in the form of several laws and regulations as well as secondary legal materials which include books, scientific journals, and others. Theories used in this research include the theory of legal protection, the theory of work agreements, and the theory of marriage which is inserted with human rights theory. The results of this study can be concluded that the decision of the Constitutional Court Number 13/PUU-XV/2017 has provided legal protection by aligning constitutional rights as workers to enter into marital ties in accordance with Article 28B Paragraph (1) and 28D Paragraph (2) of the Constitution The Republic of Indonesia in 1945. However, in practice, after the Constitutional Court Decision Number 13/PUU-XV/2017, there are still employers who prohibit marriage between workers on the grounds that it has been written in the employment agreement, company regulations, or collective bargaining agreement. Efforts made by employers to continue implementing company regulations when an Industrial Relations Dispute occurs are by showing related evidence or other matters related to violations by workers which can be considered by judges in deciding cases in court