Banua Sanjaya Hasibuan at the revision hearing for the petition of judicial review of the Manpower Law, Monday (4/6) in the Plenary Courtroom of the Constitutional Court. Photos by Humas MK/Ganie.

Employee representatives of PT Manito World revised the petition for the judicial review of the provision on Termination of Employment (PHK) of workers/laborers who have prolonged illness as stipulated in Law No. 13 of 2003 on Manpower. The case registered as No. 42/PUU-XVI/2018 was submitted by Banua Sanjaya Hasibuan, Song Young Seok, Pitra Romadoni Nasution, and Achmad Kurnia as employees at PT Manito World. 

In the petition revision, Banua Sanjaya Hasibuan had amended the constitutional losses that were not only experienced by the employers, but also by the employees. Banua would like Article 172 of the Manpower Law be revised with the requirement of medical records. "This is because they are beneficial for employers and workers. If they were not produced, there will be conflict between employers and workers because of suspicions about the worker’s illness. With medical records, there will be evidence. If the illness is prolonged, the employer must give the workers what is within their right," he explained before the panel of justices led by Constitutional Justice Suhartoyo. 

Banua also conveyed factual problems experienced by a number of employers because some workers applied for layoff due to prolonged illness. However, he added, he workers committed fraud. "There were many incidents where employers report to the police because the workers could not prove prolonged illnesses. [Their statements] were not true. We proposed this [petition] for the common good," he explained.

Banua Sanjaya Hasibuan who represented the Petitioners explained that they objected to the enactment of Article 172 of the Manpower Law that was deemed detrimental to their constitutional rights. Article 172 of the Manpower Law reads, "Workers/laborers who experience prolonged illnesses, experience disability due to work accidents and are unable to perform their work may, after they have been in such a condition for more than 12 (twelve) months consecutively, request employment termination upon which they shall be entitled to receive severance pay amounting to twice the amount of severance pay stipulated under Article 156 paragraph (2), reward pay for the period of employment they have worked amounting to twice the amount of such reward pay stipulated under Article 156 paragraph (3), and compensation pay amounting to one time the amount of that which is stipulated under Article 156 paragraph (4).”

In the petition, the Petitioners argued that their constitutional rights were potentially harmed by the enactment of Article 172 of the Manpower Law, because workers/laborers can apply for termination of employment and receive compensation if they experience prolonged illnesses, have a disability due to a work accident and cannot do their job exceeding 12 (twelve) months without being proof of by medical records. The absence of obligation to attach proof of medical records in this provision, according to the Petitioners, will harm the Petitioners and businessmen because they will experience substantial losses that could lead to bankruptcy because they will have to pay their obligation due to termination of employment submitted by the workers/laborers.

For this reason, the Petitioners requested that the Constitutional Court declare that the articles contradictory to the 1945 Constitution and having no binding legal force insofar as the phrase "may request termination of employment" not be interpreted as "may request termination of employment and also provide medical records evidence." (Lulu Anjarsari/Yuniar Widiastuti)