Petitioner Martinus Suroso explaining the principal points to revise the petition for the judicial review of the Manpower Law, Thursday (4/10) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court once again held the judicial review hearing of Law No. 13/2003 on Manpower, Thursday (4/10). The session of case No. 75/PUU-XVI/2018 examined the revisions of the petition.

Martinus Suroso as Petitioner mentioned several revisions made to the petition. "The revisions are additional opinions and Constitutional Court decisions. The most important thing ones are the Constitutional Court Decisions No. 111/PUU-VII/2009, 112/PUUVII/2009, 113/PUU-VII/2009 that are retroactive," he explained.

The Forum for Pensioners of Bank Negara Indonesia (FPP BNI) filed a petition to the Constitutional Court (MK) on the application of the Constitutional Court Decision No. 100/PUU-X/2012 that invalidated Article 96 of Law No. 13/2003 on Manpower. The Petitioner argued that the interpretation of the non-retroactive Constitutional Court Decision No. 100/PUU-X/2012 was one-sided, causing the impairment of the constitutional rights of FPP BNI members due to lack of legal certainty. The lack of legal certainty arose from the failure of BNI bank to fully pay the rights of the Petitioner even after the expiry period had passed, even though the right had arisen before the Constitutional Court Decision No. 100/PUU-X/2012 dated September 19, 2013. The right was deemed no longer liable, thus causing significant material losses to the Petitioner.

Therefore, in the provisional petitum, the Petitioner requested that the Constitutional Court prioritize the examination and ruling on the petition by giving the correct interpretation of the moment the Constitutional Court Decision No. 100/PUU-X/2012 went into effect on September 19, 2013, annulling Article 96 of Law No.13/2003 on Manpower, considering that it has caused constitutional harm and, in turn, can cause material losses for the Petitioner.

In addition, the Petitioner requested clarity of the enactment date of the Constitutional Court Decision No. 100/PUU-X/2012 on September 19, 2013 which annulled Article 96 of Law No.13/2003 on Manpower. (Arif/LA/Yuniar Widiastuti)