(Left-Right) A. Zaeli Alfan, Iskandar Zulkarnain and Haryanto as Applicant’s Attorney attended the petition revision session on Act of Indonesian Migrant Workers Placement and Protection Overseas (Undang-Undang Penempatan dan Perlindungan Tenaga Kerja Indonesia di Luar Negeri –UU PPTKILN) on Thursday (5/02) at Panel Session Room, the Constitutional Court Building. Photo PR/Ganie

A total of 29 seafarers (Anak Buah Kapal –ABK) filed judicial review petition on Act of Indonesian Migrant Workers Placement and Protection Overseas (Undang-Undang Penempatan dan Perlindungan Tenaga Kerja Indonesia di Luar Negeri –UU PPTKILN) to the Constitutional Court (Mahkamah Konstitusi –MK). The Applicant delivered petition revision in front of Justice Panel led by Constitutional Justice Maria Farida Indrati at the session held on Thursday (5/2). Iskandar Zulkarnaen as Applicant’s Attorney delivered several petition revision as advised by Justice Panel on the preliminary session dated January 22, 2015.

“Under Justice Panel input, we revise the petition in page 7, that Applicant as individual citizens, who worked as Indonesian migrant workers in fisheries sector known as seafarers, didn’t grant guarantee and legal certainty when obliged to have the Indonesian Migrant Workers Card (Kartu Tenaga Kerja Luar Negeri –KTKLN). By involvement of more than one ministry which regulated seafarers placement, the Applicant assessed they didn’t receive guarantee and legal certainty,” said Iskandar accompanied by seafarers’ representatives.

According to the Applicant, lack of legal certainty occurred when a problem appeared between migrant workers with workers supplier companies. Ministries involved, which was Transportation Ministry, Manpower Ministry, and Fisheries Ministry would be thrown their responsibility among each other. “On the contrary, all of three ministries mentioned would be competed for migrant worker rights and authorities because it related to the permit fees,” said Iskandar.    

Therefore the Applicant requested that the Court could grant entire petition and declared Article 26 (2) letter f and its elucidation Act Number 39 Year 2004 of Indonesian Migrant Workers Placement and Protection Overseas contrary to the 1945 Constitution, if it didn’t interpreted as ‘migrant workers plotted didn’t require to have the KTKLN’.

After receiving petition revision, Head of Justice Panel Maria Farida said the session result would be reported to the Justices’ Constultative Meeting before deciding on whether or not the case continued to Plenary Session or the Court would directly decided. (Julie/Prasetyo Adi N)