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Said Iqbal (right corner) delivering an additional statement before Chief Justice Anwar Usman at the material judicial review hearing of the Job Creation Law, Monday (18/1/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK.

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 Monday, January 18, 2021. The case No. 101/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.

At the hearing, Principal Petitioner Said Iqbal requested that the Court reject all statements by the Government and the House of Representatives (DPR). He alleged that they were insincere in dealing with the case, ignoring the plight of workers who had been harmed by the new law.

“We ask that the Government and the House be committed [to the case and we do not] accept the House and the Government’s [request to delay their statements] [as] they were given ample time by Your Excellencies Constitutional Justices. The Government and the House’s arbitrary attitude, quote unquote, will provoke a strong reaction from the workers who are awaiting decisions that will determine their future, because Law No. 11 of 2020 on Job Creation is already in effect and workers feel that their constitutional rights have been severely harmed,” he said.

Also read: Again, Job Creation Law Challenged

The Petitioner conveyed their grievance because the hearing had been scheduled to hear the Government and the House’s statements, but both were absent.

“Today’s hearing was to hear the president or the Government and the House. However, the House is absent because they are in session. Although we have received the request for delay, we would like [the president’s representative] to explain the reason,” said Chief Justice Anwar Usman who led the plenary hearing. Coordinating Ministry representative I Ketut Hadi Priatna answered on behalf of the Government that they still needed time to draft their statement.

Also read: KSPI Clarifies Constitutional Loss

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 01/19/2021 07:47 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.

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