The Constitutional Court held the initial trial of the judicial review for Act No.37/2004 on Bankruptcy and Postponement of Debt Liability on Monday (30/6) at 10.00 local time, in the Panel Court Room 4th floor of the Constitutional Court Building, wtih the agenda of initial examination.

The trial of the case a quo registered under the number 18/PUU-VI/2008 was filed by 137 former workers of Sindoll Pratama Company, with the Central Management Board of Indonesian Labor Unions Federation (DPP F.ISBI), M. Komarudin and Muhammad Hafidz.

There were several articles in the Act that became the center of the problem. First, Article 29 that eliminated the possibility of dispute settlement through Industrial Relation Court by stating that in the event of bankruptcy, the charges for receivable debt fulfillment from the bankruptcy estate and its ongoing case had to be dropped.

Second, Article 55 Paragraph (1) that did not provide the right for the labors and only gave this right to the Creditor of the mortgage, fiducia warrant, dependent right, mortgage, collateral right or other rights to execute as if the bankruptcy did not take place. Third, Article 59 Paragraph (1) that obliged the creditors holding the rights, and not the labors, to execute the right to the latest of two months afdter the insolvence condition. Fourth, Article 138 that only allowed the Creditor holding the right, and not the labors, to be given the rights on the part of the debt.

Before, the same file had been submitted and put before the trial in the Constitutional Court. Through the decision, the Constitutional Court denied the file because the Petitioners, who were also consisted of M. Komarudin and Muhammad Hafidz, could not prove the constitutional loss so that it was considered unserious in fighting for the plea.

“Therefore, we need a guarantee that you, the Petitioners, can be more serious in the process of the case,” suggested Constitutional Justice, M. Mahfud MD to the Petitioners before closing the trial. (Kencana Suluh Hikmah translated by YOGI DJATNIKA)