Re-Conceptualizing Workers’ Constitutional Rights in the Cipta Kerja Bill based on the Indonesian Welfare State Principles

Abstract

As an important material in the Preamble of the 1945 Constitution, the welfare state principle become one of the directions of legal development in Indonesia. Therefore, legal development which also done through the formation of statute, must adhere to the principle of advancing public welfare. The formulating process of the Cipta KerjaBill which has arrived at the Parliament’s discussion, raises concerns among many people especially workers, because its content considered to threaten their well-being. Based on theoretical and conceptual approach, this article shows that the regulation of constitutional workers rights in the Cipta Kerja Bill, is not in line with the principles of the Indonesian welfare state. Substantial adjustments are needed so that workers’ rights can be better protected in achieving prosperity. Exceedingly, Indonesia has launched the2030 SDGs as part of a global action plan to end poverty as well as inequality.