Constitutional Justices Arief Hidayat (panel chair), Saldi Isra, and Manahan M. P. Sitompul at the material judicial review hearing of Law No. 11 of 2020 on Job Creation, Wednesday (16/12/2020) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held another material judicial review hearing of Law No. 11 of 2020 on Job Creation on Wednesday, December 16, 2020. The case No. 87/PUU-XVIII/2020 was filed by the Confederation of Indonesian Trade Unions (KSPI), represented by Said Iqbal and peers, who requested the material judicial review of Articles 81, 82, and 83 of the Job Creation Law.

Through attorney Andi Muhammad Asrun, the Petitioners conveyed that they have revised the petition by including the articles to review, removing the formal judicial review, and elaborating their constitutional loss following the justices’ advice at the previous hearing.

Also read: Again, Job Creation Law Challenged

At the preliminary hearing, the Petitioners stated that the Job Creation Law had led to legal uncertainty and restricted their constitutional rights. They argued the a quo articles are 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.

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

Translation uploaded on 12/17/2020 17:14 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.