The revision hearing of the judicial review of case No. 20/PUU-XVIII/2020 on the Migrant Worker Protection on Thursday (11/6). Photo by Humas MK/Ifa.
JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law) was held by the Constitutional Court (MK) on Thursday (11/6/2020) in compliance with COVID-19 protocols. The panel of justices was led by Constitutional Justice Manahan M. P. Sitompul.
The Petitioners’ attorneys, Muhammad Junaidi dan Khikmah, were present in the hearing. The petition was revised on the Petitioners’ identities and the petition’s structure. “First, in relation to the Petitioners’ identities on page 1, we […] clarified [their] identities. Secondly, on the structure, we made a change by placing the Court’s authorities before the [Petitioners’] legal standing. On page 3 regarding the Court’s authorities, we added point 4,” Junaidi explained.
The petition’s background was also revised. "The unconstitutionality of the phrases in Article 5 letter d in the a quo [law] does not guarantee justice and benefits for Indonesian migrant workers, on page 9 to page 13. The phrases in Article 54 paragraph (1) letter b in the a quo [law] do not provide sense of justice to the Petitioners, on page 13 to page 22, Your Honor. In the background of the petition, the Petitioners emphasized several things as recommended by the Honorable panel of justices of the Constitutional Court, including the reason behind the unconstitutionality in Article 5 letter d and Article 54 paragraph (1) letter d in the a quo [law] by adding evidence, previously 19 pieces to 25 pieces," Junaidi explained.
The Petitioners of case No. 20/PUU-XVIII/2020 are Sunaryo and Zarkasi. They challenge Article 5 letter d and Article 54 paragraph (1) letter b of the PPMI Law. Article 5 letter d of the PPMI Law reads, “Every Indonesian Migrant Worker who will work abroad must fulfill these requirements: … d. being registered and having Social Security membership number….” Article 54 paragraph (1) letter b of the PPMI Law reads, “In order to obtain SIP3MI as referred to in Article 51 paragraph (1), Indonesian Migrant Worker Placement Agency must fulfill the following requirements: … b. depositing money to a government bank 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 the obligations in the Protection of Indonesian Migrant Workers.”
The Petitioners believe that Article 5 letter d and Article 54 paragraph (1) letter b of the PPMI Law harm their constitutional rights. The license for their business under the name of H. Sunaryo was revoked through the Decision of the Manpower Minister No. 107 of 2020 regarding the Revocation of the Permit of the Indonesian Migrant Worker Placement Agency PT Sentosa Karya Mandiri.
The provision of the a quo articles requires that the Petitioners provide migrant workers who will work abroad with a social security membership number, in this case the Social Security Administrative Body (BPJS), which the Petitioners consider unsatisfactory. In addition, the a quo provision also burdens the Petitioners with a (mandatory) deposit of at least Rp1.5 billion as collateral for the protection of migrant workers. As a result, many companies cannot run their businesses. The government even arbitrarily revoked business licenses.
The Petitioners also argue that Indonesian migrant worker placement companies (P3MI) comply with the guarantee and protection for every Indonesian citizen abroad to be able to avoid human trafficking as stipulated in Article 1 paragraph (1) of Law No. 21 of 2007 on the Eradication of the Criminal Act of Human Trafficking. That the institutional arrangement within the PPMI Law is imperative so that the constitutional guarantee can be implemented by P3MIs.
The Petitioners believe that the PPMI Law serves to empower P3MIs as migrant worker placement companies that have responsibilities from upstream to downstream. P3MI’s responsibilities as regulated in Article 52 of the PPMI Law play an important role in ensuring legal certainty for Indonesian migrant workers. (Nano Tresna Arfana/LA)
Translated by: Yuniar Widiastuti
Translation uploaded on 06/12/2020
Thursday, June 11, 2020 | 16:24 WIB 182