---

Ahmad Daryoko as Applicant’s Witness delivers testimony at judicial review on Act of Electricity, on Wednesday (4/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) holds judicial review session on Act Number 30 Year 2009 of Electricity (Undang-Undang Ketenagalistrikan), on Wednesday (4/11) at Plenary Room, the Constitutional Court Building. The session of Case Number 111/PUU-XIII/2015 is scheduled on hearing Applicant’s Witness’ testimony. Trustee of the PLN’s Workers Union (Serikat Pekerja PLN) Ahmad Daryoko delivers testimony as Applicant’s Witness.

Daryoko then says his experience during the shift of Perum PLN into Persero. “At that time, the management issued regulation that massively moved central PLN staffs into PLN units,” said Daryoko to Justice Panel led by Chief Justice Arief Hidayat.

Daryoko continues that employee transfer usually conducted through employee analysis mechanism, which is in accordance with employment demand. “But, at that time it wasn’t based on that. Each employee was asked, ‘Where do you want to transfer? I allow you to transfer into office units’. The number of employee transfer is huge, more than half central employees. So, central PLN employees that previously 4000 employees, become 1500 employees after the transfer,” said Daryoko.

“The management at that time delivers briefing, saying that the PLN should be flat. Therefore, central PLN should be small, unit employees should be increased. The concept of decentralization was echoed at that time,” said Daryoko.

Moreover, he says that in 2000 the transfer had been begun. He also says that there is a transitional status that positioned the employees into outsourcing employees. “Despite they worked as PLN employees, but they juridically had transferred to other companies, either subsidiary or private. So, their position is like outsourcing employee,” explained him.      

“The management made policy that particular jobs are handed by outsourcing companies. Based our experience abroad, a State whose electricity company to be privatized, the management of electricity company will use outsourcing system. According to our colleagues abroad, outsourcing system aims to ease the privatization because it reduces permanent employees,” explained him.

Daryoko reveals that the PLN uses outsourcing employees for recording electric meter, and several technical works that used to handle by permanent employees. 

As known, the Applicants in Case Number 111/PUU-XIII/2015 are Adri and Eko Sumantri as Chairman and Secretary General of PLN Workers Union. They review Article 10 (2), Article 16 (1), Article 33 (1), Article 34 (5), and Article 56 (2) Act of Electricity. The Applicants argue Article 10 (2), Article 33 (1), Article 34 (5), Article 56 (2) Act of Electricity cause private sectors, either national company, multinational company, or individuals, able to control public needs. The Applicant further says that the State could possibly lose its rights on electricity.   

According to the Applicants, the substance of Article 10 (2), Article 33 (1), Article 34 (5), and Article 56 (2) Act a quo regulates on unbundling electrical management by implementing healthy business principles, different electricity tariff, and giving chance for private sectors. The Applicants assess such provision is a repetition of Article 8 (2), Article 16, Article 17 (3), and Article 68 Act Number 20 Year 2002 of Electricity which previously have been annulled by the Constitutional Court in Court Verdict No. 001-021-022/PUU-I/2003.

Moreover, the Applicants argue the phrase ‘healthy business principles’ (‘prinsip usaha sehat’) in Article 33 (1) and the phrase ‘differently’ (‘secara berbeda’) in Article 34 (5) Act of Electricity indicate the intention of agreement between business entities in determining electricity tariff. Based on such argumentation, the Applicant considers that there are some variables which affect electricity tariff, such as profit for business entities and cartelization potential. (Nano Tresna Arfana/IR/Prasetyo Adi N)

---