The Constitutional Court conducted again the trial on Act No. 37 Year 2004 on Bankruptcy and Postponement of Debt Payment Obligation (Act on Bankruptcy) at the Panel Court Room of the Constitutional Court on Thursday (14/02).

In the trial with the agenda of Examining the Revision of Petition Muhammad Hafidz dan M. Komarudin explained the authorities of the Constitutional Court to proceed the case and their Legal Standing as the Petitioners. “In this case, we are a group of individuals with the same needs in a labour union Indonesian Federation of United Labour Union [Federasi Ikatan Serikat Buruh Indonesia (F.ISBI) ed.] that has been guaranteed in Constitutional Framework in Article 28 E Paragraph (3) of the 1945 Constitution”, explained Muhammad Hafidz regarding the Legal Standing.

He also stated that the implementation of Article 29, Article 55 Paragraph (1), Paragraph 59 Article (1) and Article 138 of the Act on Bankruptcy had caused a constitutional loss for the labours. The implementation of the Act on Bankruptcy had a great potential to eliminate the rights of labours who had been given the sack because the company they worked for was bankrupt by the existence of article 29 that terminated all ongoing charges when the company experiencing bankruptcy and by the existence of Article 55 Paragraph (1), Article 59 Paragraph (1), and Article 138 arranging the existence of separatist creditors as the authority holder  to execute theur rights on the bankrupt company. “by the existence of separatist creditor, Labours’ rights on payment and pesangon (pension money paid in advance e.)  can not be fulfilled because the labours’ are only preference creditors”, continued Hafidz.

Because of that, the Petitioners as the member of F. ISBI managing board pleaded the Contitusion Justice Boaard to grant their Petition so that the constitutional loss of the labours on a Bankrupt Company would not happen again alongside with the Stipulation from Industrial Relation Court that could set that the position of the labours was no longer under the separatist creditor.

The trial was closed by legalizing evidences by the Constitution Panel Board. (Kencana Suluh Hikmah/Yogi Djatnika)