Again, the Act No. 13/2003 on Manpower is in the judicial review to the Constitution Court. This time, the Petitioner, Andriyani is also a worker at the PT. Citra Megabuana Masindo. She examines Article 169 paragraph (1) letter c Labor Law. Preliminary hearing was held on Thursday (15 / 9) at the Court Panel Meeting Room.  Chairman of the Panel of Justices are Judges of the Constitutional Hamdan Zoelva, accompanied by the Constitutional Court and Constitutional Court Justice Anwar Usman M. Akil Mochtar.

The provision reads: "(1) Workers / laborers can apply for termination of employment to the industrial relations dispute settlement institutions in the event that the employer committed as follows: ... c. not paid wages on time has been determined for 3 (three) consecutive months or more. "

According to the Petitioner, the constitutional harm he suffered did not receipt of the request originated from the Termination of Employment (FLE) who filed it by the Court of Industrial Relations Disputes Jakarta. Reason PPHI Jakarta at the time, he said, because the company had paid wages on time, although previously been late to pay wages for 18 months. "From June 2009 until November 2010," he said.

Petitioners argued, these provisions have been interpreted narrowly by the PHI Jakarta. Thus, he argues, such an interpretation has resulted in loss of constitutional himself, especially related to the right to equal treatment before the law as set forth in Article 28D Paragraph (1) of the Constitution of 1945.Therefore, Petitioner argues, although that rule was appropriate, but in practice the result can be interpreted another violate the constitutional rights of a worker.

Moreover, he suspected, it’s intentional delay in payment of wages by the company, so that the Petitioner no longer comfortable working and then resign so that the company is not obligated to pay severance.

Finally, in his petition the Petitioner asked the Panel of Judges to declare that the provision remains valid even if the company ultimately has to pay wages on time. He hoped, if the petition is later granted by the Court, then the company is no longer ‘playing around’ with a delay of wages due will be subject to fines or late payment of wages to avoid the obligation to pay severance if layoffs occur. (Dodi/mh/Yazid.tr)