Panel of constitutional justices entering the courtroom for the judicial review hearing of Law No. 13 of 2003 on Manpower to examine the revised petition, Monday (3/21/2022). Photo by Humas MK/Ilham W. M.

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Monday, March 21, 2022 | 15:18 WIB

JAKARTA, Public Relations—The judicial review hearing of Law No. 13 of 2003 on Manpower was held by the Constitutional Court (MK) on Monday afternoon, March 21, 2022. However, at the beginning of the  hearing for case No. 17/PUU-XX/2022, Petitioner Muhammad Reynaldi Ariananda Arkiang declared that he would like to withdraw the petition.

Constitutional Justices Saldi Isra (panel chair), Suhartoyo, and Daniel Yusmic P. Foekh asked him the reason. “I believe the material to review still needs revising,” he reasoned.

The justice panel accepted the Petitioner’s petition withdrawal request. “Very well. Your petition is withdrawn and we will discuss it at the justice deliberation meeting,” Justice Saldi said. Meanwhile, Justice Daniel Yusmic P. Foekh stressed that the Petitioner cannot file another petition with the same substance in the future.

Also read: Freelancer Feels Unprotected by Manpower Law

The case No. 17/PUU-XX/2022 was petitioned by Bandung-based freelancer Muhammad Reynaldi Ariananda Arkiang. He challenged Article 90 paragraph (1), which reads, “Entrepreneurs are prohibited from paying wages lower than the minimum wages as referred to under Article 89.” He also challenged Article 91 paragraphs (1) and (2) of the Manpower Law.

He believed those articles only protected workers/laborers who were employed by companies. Meanwhile, the Petitioner is not employed by any company and thus feels that his constitutional rights are impaired by the enactment of those articles. Article 90 paragraph (1) and Article 91 paragraphs (1) and (2) of Law No. 13 of 2003 have also impaired the Petitioner’s constitutional rights—the right to a just and civilized life and the right to be treated and seen equal by law as stipulated in the 1945 Constitution, he argued.

He also argued that he and million other workers who are not employed by businesspeople who run companies but for employers, who are individuals who do not run companies. Another type of workers is those working for households, also known as domestic workers. Employers of both types of workers are not companies.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 3/21/2022 15:49 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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