The Constitutional Court (MK) held a second hearing of judicial review No. 2 of 2004 on Industrial Relations Dispute Settlement (PPHI), the Applicant filed by two. The applicant, namely Agus, a former chairman of the trade union and worked as a lawyer and became a legal counsel in a case registered at the Court with 99/PUU-XI/2013 numbers, while the second Applicant, Didik Qurniawan, employees of PT Sangwan Dinasindo who was laid off because the company has challenged regulation that sets the employee remains an employee outsourcing.

On this occasion, Agus said the petition has made improvements in accordance with the advice of the judge in the previous trial in which the applicant has to replace the section under test, of Article 2 to Article 97 of the proposed Act. The article does not provide legal certainty and due process of law, in particular the treatment and equality before the law, making it very difficult for the applicant to obtain the rule of law.

In addition, Agus also said that Article 97 of the proposed Act is a partial interpretation of article (partiality) and are interpreted declarative covertly, thus impeding the enforcement of the constitutional rights of every human being that is tangent to the industrial dispute and is contrary to the 1945 Constitution.

As known the Petitioners assess one problem that often occurs after a court decision is the implementation (execution) of the IRC court decision. The law does not mention criminal sanctions for those who do not carry out the execution of the decision of the IRC and difficult decision execution or even difficult to put objects seized because of lack of execution.

"PPHI law gave not guarantee law and legal certainty to workers in Indonesia, because the solution is very protracted, thus causing loss of the Petitioners in which PT Sangwan Dinasindo not perform as well as the decision of the court PHI decision from the Supreme Court, which declared the PT Sangwan Dinasindo shall indemnify the Applicant is Rp 36.740.732.88 (thirty six million seven hundred forty thousand seven hundred and thirty- two and eighty-eight cents rupiah)," said Agus. (Panji Erawan / mh)