Former employees of Telkom Co. Bandung, Hasanudin Shahib, Kusnendar Atmosukarto and Suharto reviewing Article 2 letter a and b of Act No. 21/1969 on Employeeâs Pension and Widow/Widower of Employeeâs Pension considered to harm them, Friday (8/4) at the Panel Courtroom.
Jakarta, MKOnline - Act 21 of 1969 on Employee’s pension and Employee’s Widow/Widower Pension was reviewed at the Constitutional Court (The Court), Friday (8/4) at 13.30 WIB. The Petitioners for this review was Hasanuddin Shahib, Kusnendar Atmosukarto and Suharto.
The Petitioners questioned Article 2 letter a and b which they considered to harm them. These articles arranged the funding of pension which stated that pensions, allowances, financial aids for employees and widows/widowers who deserved to receive salary before the establishment of a Pension Fund will be the state’s responsibility and paid by the state and other than that, the pension would be funded by an institution formed and managed by a Government Regulation.
The same act was actually under review at The Court, but with different articles and different registration number. The previous Petitioner was Widodo Edy Budianto, a former civil servant at Tegal Harbor Administrators Office who sought to review Article 9 paragraph (1) letter a. Widodo’s case was registered by number 7/PUU-IX/2011.
In the session, the Petitioners explained that the the Decision from Directors Board of Telkom Co. Bandung had harmed them as retirements. The three Petitioners were indeed retirements of the state owned company.
The Panel Board of Justice led by Achmad Sodiki accompanied by Hamdan Zoelva and Muhammad Alim considered what was pleaded still needed to be revised. “The Board of Justices will advise and the advice will be the guidance for the Petitioners in revising the petition. The structure of the petition is still not right, you can ask for assistance from the Substitute Registrar to have a correct example,” advised Sodiki.
On the petition, Sodiki explained that The Court reviews norms. The Justice who is also a Professor from Brawijaya University still saw that the material attached in form of a Decree on pension was not appropriate to be used as evidence. “Decrees are administrative decisions, if a decree harms you, the target is not here, but to the State Administrative Court,” Sodiki pointed out.
Meanwhile, Muhammad Alim in this initial examination also advised the Petitioners to mention The Court’s authorities in the petition. “Your legal standings will have to be explained on which articles you are aiming at. In page 3 it is written ’what the Board of Directors of Telkom has done is against the Act’, that is a concrete action, so not the article that harmed you,” he said.
Alim emphasized that the submitted petition had not fulfilled formal requirements of a petition, thus it needed to be revised. Besides that, the Petitioners’ identity should be re-fulfilled. (Yazid/mh/YDJ)
Friday, April 08, 2011 | 22:19 WIB 173