The advanced trial of Law Number 13 Year 2003 concerning Manpower held the Constitutional Court (MK) on Thursday (6/2). Registrar of the Court noted the Indonesian Employers Association (APINDO) as the applicant’s case with number 96/PUU-XI/2013.
In the trial, present the Related Parties of the association for Justice Workers represented by its legal counsel, i.e., Ahmad Biky and Johannes Gea. Supposedly the trial heard the testimony of the Related Party, but because as Related Party not prepare statement, it failed to be done.
“Based on this invitation, we did not prepare well what should we say in the hearing today. Due to the time that we request that the re- scheduled because we were summoned to appear in court today not to convey our information as a Related Party," he explained.
Responding to Related Party, Constitutional Assembly led by Chief Justice Hamdan Zoelva will re-open next hearing on February 26 to hear Related Partiestestimony.
As known, APINDO represented by its legal counsel, Ibrahim Sumantri explained that they felt constitutional rights violated by the enactment of Article 59 paragraph (7), Article 65 paragraph (8) and Article 66 paragraph (4) of Labor Law. According to Ibrahim, in the opinion of the Court in Case Number 27/PUUIX/2011 Decision states that a violation of Article 59 of the Act which tested not only the issue of constitutionality but implementation issues. But in fact the issue of the implementation of Article 59 paragraph (7) of the Act becomes an issue of constitutionality because norm enforcement mechanisms do not comply with applicable law. Whereas, Article 65 paragraph (8) of the Act, it gives obscurity during implementation due to different interpretations.
Meanwhile , the implementation of Article 66 paragraph ( 4 ) of the Act are multiple interpretations of the field of industrial relations stakeholders in Indonesia , which is related to the types of jobs that can be submitted through the contracting company , which agency has the authority to determine whether or not these norms are met , legal norms and enforcement mechanisms if not met the requirements relating to the type of work that is submitted through the employment service Provider Company (PPJTK) and its legal requirements. (LuluAnjarsari / mh )
Thursday, February 06, 2014 | 14:28 WIB 124