The trial continued on judicial review of Law 40/2004 on National Social Security System (Social Security Act) was held back by the Constitutional Court (MK) on Wednesday (21/11). Case was registered with the Registrar of the Court No. 90/PUU-X/2012 filed by Central Board Association Indonesian Trade Union Federation (DPP FISBI).

In the trial, the Petitioner presented one witness, named Romlah. Romlah is a worker with an income of Rp 1.5 million per month. In his statement, Romlah revealed he had been working for 12 years and have 3 children who have to finance it himself. Once asked about the adequacy of his salary to make ends meet. "If you only rely on salary is not enough. I sometimes selling fried food and picking up a bottle of mineral traces, "he explained.

Romlah even explain it all done for the sake of her children graduated. Spoken also by Romlah, he has a child attending vocational school and elementary school. "For two children, 450 thousand, I can not save. There is a wellness program from the company clinic. Many Indonesian people like me; many are wondering how to keep their children so that at least my son could graduate from high school, "he explained.

Constitutional judges, chaired by the Deputy Chief Justice Ahmad Sodiki was accompanied by constitutional judges explained that the conclusion of all parties no later than 28 November 2012. "The conclusion the Court Clerk received no later than on 28 November 2012 at 16.00 pm," he said.

In his petition, Petitioner argues that the obligation to share the labor contribution (premium) health insurance in Article 27 paragraph (1) Social Security Act could potentially conflict with Article 28D (1), paragraph (2), Article 28H clause (1), paragraph ( 3) of the 1945 Constitution. The decision of the Constitutional Court No. 50/PUU-VIII/2010 and decision No. 51/PUU-IX/2011, the Constitutional Court did not mention about any person / entity who can afford to pay a premium in addition to the state. Furthermore, the absence of justice if the applicant has a minimum wage which 2 million per month, comparable to the minimum wages 5 million per month. On the basis of justice and the principle of mutual help in the law, as long as conditional phrase should be declared unconstitutional, and must be interpreted limit of the amount of 2 (two) times the income is not taxable, so that the minimum wage worker is given the discretion to make ends meet. Article 27 paragraph (1) of the Social Security along the phrase "shared by the workers", must be declared contrary to the 1945 Constitution and have no binding legal effect. (Lulu Anjarsari / mh/yazid.tr)