Chairperson of the Constitutional Court Session Enny Nurbaningsih along with Constitutional Justices Saldi Isra and Wahiduddin Adams in a further material hearing of Article 172 of Law Number 13 of 2003 on Manpower, on Thursday (4/10) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court (MK) held a follow-up hearing on the judicial review of Article 172 of Law No. 13/2003 on Manpower, on Thursday (4/10). The hearing for case No. 77/PUU-XVI/2018 heard the petition revision.

The Petitioners’ legal counsel, Mangapul Sitorus, stated that the legal standing had been revised. He stated that he had been authorized by PT Manito World, represented by Kim Nam Hyun as Director. Next, he submitted the Decision of the Bandung Industrial Relations Court.

"Finally, we have submitted proof of the articles of association and power of attorney. The substance of the petition remains, only requesting an addition of medical records and doctor’s note, Your Honor," he said in a session led by Constitutional Justice Enny Nurbaningsih.

PT Manito World employees once again filed a judicial review on the provision of Termination of Employment (PHK) for workers/laborers who have prolonged illness as stipulated in Article 172 of Manpower Law. The registered case No. 77/PUU-XVI/2018 was filed by Banua Sanjaya Hasibuan, David M. Agung Aruan, and Achmad Kurnia as employees at PT Manito World.

David M. Agung Aruan who represented the Petitioners explained that they objected to the enactment of Article 172 of the Manpower Law which 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.

Therefore, the Petitioners requested that the Constitutional Court declare Article 172 of Law No. 13/2003 on Manpower be revised or added with a medical records prerequisite, which would read, “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 provide medical records or official statement from hospital to 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).” (Arif/LA/Yuniar Widiastuti)