Constitutional Justice Manahan M. P. Sitompul chairing the judicial review hearing of Law No. 11 of 2020 on Job Creation petitioned by veterinarians and the Indonesian Veterinary Medical Association, Tuesday (1/18/2022). Photo by Humas MK/Ilham W.M.

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Wednesday, January 19, 2022 | 01:12 WIB

JAKARTA, Public Relations—The veterinarians who lodged a petition against Law No. 11 of 2020 on Job Creation conveyed the revisions to the petition virtually at a hearing held by the Constitutional Court (MK) on Tuesday, January 18, 2022. The hearing for case No. 64/PUU-XIX/2021 was presided over by Constitutional Justices Manahan M. P. Sitompul (panel chair), Wahiduddin Adams, and Daniel Yusmic P. Foekh.

The Petitioners’ legal counsel Putu Bravo Timothy conveyed revisions to the Court’s jurisdiction and the latest regulations as per the constitutional justices’ advice at the preliminary hearing.

“In addition, [the Petitioners] strengthened their legal standing by providing further elaboration, especially Petitioner I, who explains the formation of the private legal entity and includes the bylaw in their legal standing,” Putu said.

Also read: Veterinarians Challenge Job Creation Law

The petition for case No. 64/PUU-XIX/2021 was filed by the Indonesian Veterinary Medical Association (PDHI), Jeck Ruben Simatupang, Dwi Retno Bayu Pramono, Deddy Fachruddin Kurniawan, Oky Yosianto Christiawan, and Desyanna (Petitioner I-VI). At the preliminary hearing, the Petitioners’ legal counsel Putu Bravo Timothy conveyed their request for the material judicial review of Article 34 point 16 paragraph (2) and Article 34 point 17 paragraph (1) of the Job Creation Law on the amendment to Article 69 paragraph (2) and Article 72 paragraph (1) of Law No. 18 of 2009 on Husbandry and Animal Health (PKH Law).

The Petitioners believe their constitutional right to livelihood and decent living would be harmed as the amendment to the PKH Law in the Job Creation Law has led to a shift where anyone who offers health services and are previously required to have a business license is now required to meet requirements for a business license.

“Although the shift might seem simple, it proves to be a barrier and violates the constitutional rights of Petitioners II-V, who are stakeholders referred to in Article 34 point 16 paragraph (2) of Law No. 11 of 2020,” Putu explained.

The Petitioners, who represent veterinarians and veterinarian service users, would not be able to have work and decent living due to the enactment of Article 34 point 16 paragraph (2) and Article 34 point 17 paragraph (1) of the Job Creation Law when the ‘business license’ means requirements that are against the notion of “ease in the process of applying for a business license” and/or Article 27 paragraph (2) of the 1945 Constitution as the philosophical basis for the Job Creation Law.

The phrase ‘business license’ in question is risk-based, with the consequence that business licensing for the husbandry and animal health subsector would be categorized as UMKM/MSMEs and/or big businesses, while that for the agriculture and animal health subsector would be categorized as small businesses. As such, ‘anyone who offers health services’ and ‘animal health workers who provide animal health services’ must have business capital of over one billion rupiahs to start and/or continue their business.

https://www.youtube.com/watch?v=thwnjnBhP-M 

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

Translation uploaded on 01/20/2022 09:17 WIB

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

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