---

The Constitutional Court\'s judicial review hearing of Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers, Tuesday (11/21) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—A follow-up judicial review hearing of Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law) was held by the Constitutional Court (MK) on Tuesday (11/2/2020). The session was opened to listen to the statements of the House (DPR) and the president.  

However, the plenary justices led by Chief Constitutional Justice Anwar Usman informed that the House could not attend. The Government requested a delay to deliver its statement, said one of the president\'s attorneys Rudi H. Pakpahan. "Tthe hearing is postponed and will resume on Thursday, February 20, 2020," Justice Anwar Usman said along with the other constitutional justices.

The Petitioner of case No. 83/PUU-XVII/2019 is the Association of Migrant Worker Placement Companies (ASPATAKI). They challenge 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 they received are not based on acts that it did and are not in accordance with the principle of material acts. Actions carried out by parties who employ migrant workers must be borne by the Petitioner. (Nano Tresna/Andhini/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 2/13/2020

---