Act 2/2004 of Industrial Disputes Completion (UU PPHI) is being reviewed materially to Constitutional Court (MK). The first hearing was held on Wednesday (9/17) at MK Plenary Room. The case was filed by Agus on behalf of 449 employees of Dream Santosa Indonesia, Corp.

In the pleading, the Applicant objected Article 59 number (2) UU PPHI, the Article itself says; “In city/region level specifically in industrial area, within President’s decree must form local Industrial Relations Court.” Applicant is a labour who is, alongside with his peers in Supreme Court, struggling for industrial disputes completion as the corporation has financial trouble and the completion took too long to be decided.   

“This is a fact that has been disserved us, prolonged court completion took too much time and financially hurting, the court located 100 km away from the plantation and the verdict had done reciprocal favor to us,” Agus said.

The Applicant pointed out that the court does harm for the major industrial cases, given that many cases occurred not in Bandung, where the court is located in. The Plaintiff said that the ruling disregards their constitutional rights and potentially do as well for anyone who would file a lawsuit over Industrial disputes. “This has to be declared unconstitutional and non-binding, concerning its harmful implication,” he said    

To the request, the Panels suggested several revisions. Justice Alim reminded that MK has no competence to form any Industrial court. Therefore, the point in the petitum shall be removed (Lulu Anjarsari/mh)