Analisis Yuridis Pengaturan Larangan Diskriminasi Usia Bagi Tenaga Kerja Ditinjau Dari Perspektif Kepastian Hukum

In employment relations in Indonesia, employers often differentiate between employee based on age, resulting in the continued practice of age discrimination. This violates human rights to be free from discriminatory treatment and the right to a decent living and work as guaranteed by the constitution. The problem examined in this research is how the prohibition of age discrimination for workers is regulated in positive law in Indonesia and how the prohibition of age discrimination for employee in Indonesia should ideally be regulated from a legal certainty perspective. This research employs a normative juridical method with various approaches, including comparative, statutory, conceptual, and case studies. The legal materials used in the research are primary and secondary legal materials, analyzed using descriptive analysis. The results of this study indicate that Indonesia lacks legislation governing the prohibition of age discrimination in the employee, creating a legal vacuum. Furthermore, to create an ideal regulation regarding the prohibition of age discrimination in the employee, from a legal certainty perspective, there must be a single, classified regulation within the legislation that clearly regulates the definition, scope, and exceptions to age discrimination. Indonesia can use Singapore as a benchmark in regulating the a quo issue. The author recommends that lawmakers immediately revise UU 13/2003 concerning Manpower and add and classify age discrimination as part of the definition and scope of discrimination in the employee. Furthermore, lawmakers need to listen to the aspirations of the employee when developing these regulations to provide legal protection.