Government statement read by the Director General of Industrial Relations Disputes and Social Security Haiyani Rumondang in the judicial review hearing of the Manpower Law, Wednesday (24/10) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

Judicial review of Article 172 of Law No. 13/2003 on Manpower was held once again by the Constitutional Court, Wednesday (24/10). The Government asserted that there was not constitutionality issue regarding the case.

This was conveyed by Director General of Industrial Relations Disputes and Social Security Haiyani Rumondang as Government’s representative in the hearing presided over by Constitutional Justice Anwar Usman.

"The petitum of the petition, which requested that Article 172 of the Manpower Law be revised or [only after the provision of] evidence of medical records or official information of illness from a hospital [severance pay can be given], is not the authority of the Constitutional Court. There is no constitutional issue with the exclusion or inclusion of the Petitioner\'s [request]," he said.

Haiyani also said that the article could not be viewed separately. That is, the application of the provision stipulated in Article 172 cannot be applied before that stipulated in Article 153 paragraph (1) letter a, "The entrepreneur is prohibited from terminating the employment of a worker/laborer because the worker/laborer is absent from work because he/she is taken ill as attested by a written statement from the physician who treats him or her provided that he/she is not absent from work for a period of longer than 12 (twelve) months consecutively."

"[The employer is obligated] to conduct [physical and mental health checks] on the employees who work in the company in accordance with Article 8 of Law Number 1 of 1970 on Work Safety so the reasons used by the Petitioners are irrelevant," he added.

Thus, he said, the provision of the article basically contained norms that were in accordance with the principle of justice for ill workers, and legal certainty for workers who are ill for longer than 12 continuous months, including legal certainty for employers who will dismiss workers who are ill for longer than 12 continuous months.

PT Manito World employees had 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 representing the Petitioners explained that they objected to 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. (ARS/NRA/Yuniar Widiastuti)