The Petitioner’s attorney Wilman Malau and Principal Petitioner Saiful Mashud after the revision hearing of the judicial review of Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers, Thursday (9/1) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa. 

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a revision hearing of the judicial review of Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law) on Thursday (9/1/2020). The presiding justices were Constitutional Justices Manahan M. P. Sitompul (chairman), Saldi Isra (member), and Enny Nurbaningsih (member). 

Through attorney Wilman Malau, the Petitioner conveyed the petition revision. The Petitioner changed the power of attorney, added several pieces of evidence, and revised the subject of the petition. "So, there is additional evidence, a change in the power of attorney, and revision in the petition for material review," Malau said. 

The Petitioner of case No. 83/PUU-XVII/2019 is the Association of Migrant Worker Placement Companies (ASPATAKI). They challenged Article 54 paragraph (1) letters a and b, Article 82 letter a, and Article 85 letter a of the PPMI Law.

Article 54 paragraph (1) letters a and b of the PPMI Law reads, "In order to obtain SIP3MI as referred to in Article 51 paragraph (1), the Indonesian Migrant Worker Placement Agency must meet the following requirements: a. having a paid-up capital stated in the deed of establishment of at least Rp5,000,000,000 (five billion rupiah); b. depositing money to a government bank in the form of a deposit of at least Rp1,500,000,000 (one billion five hundred million rupiah) that can be disbursed at any time as a collateral to fulfill obligations in the Protection of Indonesian Migrant Workers."

Article 82 letter a reads, "Being sentenced to imprisonment for a maximum of 10 (ten) years and fined for a maximum of Rp15,000,000,000 (fifteen billion rupiah), every Person who deliberately places Prospective Indonesian Migrant Workers in: a. jobs and type of works that do not match the employment contract so they harm the Prospective Indonesian Migrant Workers as referred to in Article 67 letter a."

Article 85 letter a reads, "Being sentenced to imprisonment for a maximum of 5 (five) years and fined for a maximum of Rp5,000,000,000 (five billion rupiah), every person who: a. places Indonesian Migrant Workers in works that do not match the Employment Contracts that have been agreed and signed by Indonesian Migrant Workers as referred to in Article 71 letter a."

Through attorney Wilman Malau, the Petitioner stated that ASPATAKI has 142 Private Placement Companies for Indonesian Migrant Workers (PPTKIS) as members. They are in charge of placing Indonesian migrant workers to their work stations overseas.

The Petitioner argues that their constitutional right in freedom of business, as well as the criminal threats borne by the Petitioner, are not based on acts that he does himself, are not in accordance with the principle of material acts. Actions carried out by parties who employ migrant workers must be borne by the Petitioners. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti