Normative Legal Analysis from the Perspective of Legal Discovery Theory (Constitutional Court Decision Number 132/PUU-XXIII/2025)

Abstract

The Constitutional Court Decision No. 132/PUU-XXIII/2025 reviews Article 82 of Law No. 2 of 2004 on Industrial Relations Dispute Resolution concerning its alignment with Articles 28D(1) and 28H(2) of the 1945 Constitution of Indonesia. The case originated from a petition by Domuli Sentudes, an employee terminated in October 2023, who argued that the one-year time limit for filing a lawsuit after termination creates procedural injustice and undermines legal certainty, particularly due to delays in mediation. This study analyzes how the ambiguity of Article 82 contributes to such injustice in employment termination disputes and whether the Constitutional Court applied teleological and systematic interpretations as part of its legal discovery (rechtvinding) to address normative gaps. Using a normative juridical method grounded in legal discovery theory and supported by statutory and conceptual approaches, the research evaluates the Court’s role in upholding substantive justice under Article 5(1) of Law No. 48 of 2009 on Judicial Power. The findings reveal that the decision reinforces workers’ constitutional rights, balances relations between employers and employees, and promotes harmonization of labor regulations. Moreover, it enhances access to justice for vulnerable workers while maintaining legal certainty for employers. Accordingly, legislative revision of the Labor Law and increased legal literacy among labor unions are essential to institutionalize the decision’s principles and ensure fairer industrial relations.