Constitutional Court (MK) granted partly petition of three Indonesian labors (TKI) who petitioned for TKI protection in UU PPTKI. MK Chief Justice, Hamdan Zoelva recited the verdict on Thursday (10/16).

Previously, the Plaintiffs, Arni Aryani Suherlan Odo, Siti Masitoh binti Obih Ading, serta Ai Lasmini binti Enu Wiharja, petitioned Article 10 letter b, Article 58 verse (2), Article 59, and Article 60 UU PTKI. Those articles mainly regulate that private TKI broker is responsible for their labors. Aside from it, Article 59 in the Act says personal maid must administer their document inland to extend their permission. While Article 60 says private TKI broker is not responsible for individual-registered extension.

Those regulations harmed the Plaintiffs and considered opposes their constitutional rights. Besides, contract extension regulation has hampered Plaintiffs rights in taking care of their own contracts. Losing job is very likely during permission administration.   

“The Article harmed Plaintiffs’ rights, because the huge potential of losing job during the extension administration. TKI broker hindered individual permission and lot of them are irresponsible,” Jansen E. Saloho said as attorney for the Plaintiffs.  

The disadvantages were loaded even worse by the ruling of Article 60, to which allegedly pointed in opposing Article 28D 1945 Constitution.

Court’s opinion

Petition toward Article 10 letter b was considered null. Protection over labors is totally different with the Plaintiffs request. Permission and surveillance over TKI is meant to protect TKI rights as Indonesian citizen.  

Meanwhile, the Court agrees to petition on Article 59. The Article was considered discriminative as TKI who worked in state institution have no mandatory in taking care of their permission inland.

The ruling was considered contra-productive. The Court assertively declared that the ruling hinders TKI to work in same quality occupation as he/she was in. 

Instead of giving such regulation, MK suggested the government to issue free-day rights so the worker may come back at anytime. (Yusti Nurul Agustin/mh/kun)