Monday, April 19, 2021 | 11:52 WIB
The Petitioners’ attorneys at the judicial review hearing of Law No. 11 of 2020 on Job Creation, Monday (19/4/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
JAKARTA, Public Relations—The petition revision hearing of Law No. 11 of 2020 on Job Creation was held virtually at the Constitutional Court (MK) on Monday afternoon, April 19, 2021. Through Harris Manalu and other attorneys, the Petitioners of case No. 103/PUU-XVIII/2020 conveyed revisions of the petition, the power of attorney, and the list of evidence.
“The principals of the power of attorney, initially Elly Rosita Silaban and Dedi Hardianto (Petitioners), were changed to an organization or legal entity by the name of the Confederation of All Indonesian Labor Unions (KSBSI). In the power of attorney, we included 54 articles to petition in this [case] or at least 27 articles in the Job Creation Law,” Manalu explained to Constitutional Justices Suhartoyo (chair), Wahiduddin Adams, and Daniel Yusmic P. Foekh on the panel.
The Petitioner is now singular: KSBSI. They added Law No. 7 of 2020 on the Third Amendment to the Constitutional Court Law in the part detailing the Court’s authority. They also elaborated on the Petitioner’s constitutional rights in more detail, referring to several articles in the 1945 Constitution, such as that relating to the right to freely associate, assemble, and express opinions as well as to freedom of discrimination.
The Petitioner also added Law No. 12 of 2011 Lawmaking in their background for formal judicial review petition, as well as other provisions that were allegedly violated in the drafting of the law. They also added 10 pieces of evidence.
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Court Holds Another Hearing on Job Creation Law
The petition was filed by Elly Rosita Silaban and Dedi Hardianto of the Confederation of All Indonesian Labor Unions (KSBSI). Through their attorneys, they filed for the formal judicial review of Chapter IV of the Job Creation Law and the material judicial review of Chapter IV Part II of the Job Creation Law. Article 42 paragraph (3) letter c reads, “Foreign workers needed by employers in the type of production activities that have halted due to emergencies, vocation, technology-based start-ups, business visits, and research for a certain period of time.” Article 57 paragraph (1) reads, “A work agreement for a specified period of time shall be made in writing and use Indonesian and Latin letters.” Article 57 paragraph (2) reads, “In the event that the work agreement for a specified period is made in Indonesian and in a foreign language, if there is any difference in interpretation between the two, the work agreement for a specified period made in Indonesian shall apply.” Article 59 paragraph (1) reads, “A work agreement for a specified period of time shall only be made for a certain job which according to the type and nature or activity of the work will be completed within a certain time, as follows: a. work that is completed at once or temporary work; b. work that is estimated to be completed in a short period; c. seasonal work; d. work related to new products, new activities, or additional products that are still at trial or investigation stage; or e. work whose type and nature or activity are not permanent.”
In the material judicial review petition, the Petitioners said the second part of Chapter IV of the Job Creation Law violates Article 27 paragraph (2), Article 28, Article 28D paragraphs (1) and (2), Article 28G paragraph (1), Article 28H paragraph (4), Article 28I paragraph (2), and Article 33 paragraph (1) of the Constitution 1945 because it reduces the rights of workers and workers’ unions, which are regulated in Law No. 13 of 2003, and is against the philosophy of Pancasila. In addition, it is against lawmaking principles, human rights, and international legal instruments such as the ILO Convention and the Universal Declaration of Human Rights.
Writer: Nano Tresna Arfana
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 4/19/2021 14:25 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.
Monday, April 19, 2021 | 11:52 WIB 399