Panel preliminary judicial review hearing of the Job Creation Law, Tuesday (24/11/2020) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Law No. 11 of 2020 on Job Creation was challenged once again for judicial review in the Constitutional Court (MK). This time, the Confederation of Indonesian Trade Unions (KSPI), represented by Said Iqbal and peers, in case No. 87/PUU-XVIII/2020 requested the material judicial review of Articles 81, 82, and 83 of the Job Creation Law.

At a hearing on Tuesday, November 24, 2020, the Petitioners represented by Andi Muhammad Asrun explained that the Job Creation Law had led to legal uncertainty and restricted the Petitioners’ constitutional rights. He explained that the Petitioners argued the a quo articles were in violation of Article 18 paragraphs (1), (2), (5), (6), and (7); Article 27 paragraph (2); Article 28D paragraphs (1) and (2); Article 28E paragraph (3); and Article 28I of the 1945 Constitution.

The Petitioners argued that several provisions in Articles 81, 82, and 83 of the Job Creation Law were unconstitutional and contradicted the Manpower Law. They are provisions on job training institutions; worker’s income; foreign workers; employment agreement made for a specified period of time; outsourcing or outsourcing workers; work period; paid leave; minimum wages and wages; severance pay, compensation pay, and service pay; abolition of criminal sanctions; and social security. The Petitioners believe these provisions have been detrimental to obtaining protection and legal certainty as workers/laborers.

Justices’ Advice

Constitutional Justice Saldi Isra advised the Petitioners to distinguish between constitutional impairment and the argument against the constitutionality of the articles. Meanwhile. Constitutional Justice Manahan M. P. Sitompul asked them to reinforce the legal standing of each Petitioners and clarify the touchstones. Similarly, Constitutional Justice Arief Hidayat advised them to elaborate on their constitutional impairment.

Before concluding the hearing, Justice Arief stated that the Petitioners were given 14 work days to revise the petition and submit it by Monday, December 7, 2020 at 11:00 WIB.  

Writer: Utami Argawati
Editor: Lulu Anjarsari
PR: Lambang S.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 11/25/2020 14:12 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.