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Thursday, April 22, 2021 | 11:01 WIB

The Petitioner’s attorney Agus Supriadi at a petition revision hearing of Law No. 11 of 2020 on Job Creation, Wednesday (21/4/2021) 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 by the Constitutional Court (MK) on Wednesday afternoon, April 21, 2021. The petition No. 109/PUU-XVIII/2020 was filed by the chairman and secretary-general of the central executive board (DPP) of the Confederation of Indonesia Prosperity Trade Union (KSBSI) Muchtar Pakpahan and Vindra Whindalis.

Through their attorneys, the Petitioners affirmed the eight norms that they deem in violation of Article 27 paragraph (2), Article 28D paragraph (2), and Article 1 paragraph (3) of the 1945 Constitution, especially on “being contract workers while employed”. They added some explanation on the its meaning, for example relating to the employment agreement made for a specified period of time (PKWT), which is regulated in a government regualation.

In the revised petition, they stressed that the removal of Article 59 paragraph (4) of Law No. 13 of 2003 on Manpower has resulted in no limitation of PKWT duration for contract workers. They also appealed that the outsourcing system not be implemented in Indonesia.

“In the past, there were contract workers. Bung Karno even said that contract workers reflect the bloodsucking act by man to others. He believed the system was a byproduct of capitalist imperialism that must be eradicated from Indonesia,” said attorney Agus Supriadi to the panel chaired by Constitutional Justice Suhartoyo.

Also read: Muchtar Pakpahan Alleges Job Creation Law Propagates Outsourcing

The Petitioners alleged that at least 8 norms of Chapter IV on Manpower in the Job Creation Law violate Article 27 paragraph (2), Article 28D paragraph (2), and Article 1 paragraph (3) of the 1945 Constitution. They claimed those articles have directly and indirectly harmed their constitutional rights. Those articles are said to have removed, added, and changed several articles of Law No. 13 of 2003 on Manpower. They are said to have made workers into contract ones, pushed for outsourcing in all fields, eradicated protection of pay, and disadvantaged workers in relation to termination (PHK) and severance pay. The Petitioners also said those norms were not in sync with their elucidation.

In the petitum, the Petitioners requested that the Court grant the entire petition and declare Article 81 point 15 and Article 59 of the Job Creation Law in Chapter IV on Manpower, or the Manpower cluster, in violation of Article 27 paragraph and (2) and Article 28D paragraph (2) of the 1945 Constitution. They also requested that the Court declare Article 81 point 18, Article 64, Article 81 point 19, Article 65, Article 81 point 26, Article 89, Article 81 point 27, Article 90 and Article 81 point 37, and Article 151 of the Manpower cluster in violation of Article 27 paragraph and (2) of the 1945 Constitution.

They also requested that the elucidation to Article 81 point 42 and Article 154A paragraph (2) of the Manpower cluster, which they deemed irrelevant to the norms, be declared in violation of Article 1 paragraph (2) of the 1945 Constitution.

Writer: Nano Tresna Arfana
Editor: Nur R.
PR:  Muhammad Halim
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 4/22/2021 22:07 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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