Legal Standing of Circular Letter No. M/6/HK.04/V/2025 On Recruitment Discrimination

Abstract

This research is prompted by the issuance of Minister of Manpower Circular Letter Number M/6/HK.04/V/2025, which addresses the Prohibition of Discrimination in Workforce Recruitment, in response to discriminatory practices during recruitment that may infringe upon citizens' constitutional rights to equal employment opportunities. The research issues examined are: (1) How is the status and legal enforceability of Minister of Manpower Circular Letter Number M/6/HK.04/V/2025 regarding the Prohibition of Discrimination in Workforce Recruitment; and (2) How is the discretionary authority of the Minister of Manpower exercised through this circular letter to uphold the constitutional right to protection against discrimination? The research seeks to ascertain and evaluate the status and legal enforceability of the Circular Letter in question, alongside the execution of the Minister of Manpower's discretionary powers, from the viewpoints of State Administrative Law and Labour Law. The study utilises a normative-juridical methodology, incorporating statutory, comparative, and historical methods, with secondary data derived from the 1945 Constitution of the Republic of Indonesia, the Manpower Law, pertinent Constitutional Court decisions, and the applicable Circular Letter. The conclusion asserts that the Circular Letter serves as an administrative policy tool that does not belong to the hierarchy of statutory regulations; thus, it possesses no broad legal binding authority and is only binding in an administrative context as a directive for policy execution. The issuance exemplifies the Minister of Manpower's discretionary jurisdiction, adhering to the Law on Government Administration and conforming to Constitutional Court Rulings Number 35 and Number 124. While it demonstrates the state's dedication to safeguarding individuals' constitutional rights against discrimination, the Circular's efficacy is constrained by its absence of binding authority; hence, it necessitates enhancement through a regulation of superior legal status