Constitutional Justices Manahan M. P. Sitompul, Wahiduddin Adams, and Enny Nurbaningsih opening the material judicial review hearing of Law No. 13 of 2003 on Manpower, Monday (8/1/2021). Photo by Humas MK/Bayu.

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Monday, August 15, 2022 | 15:09 WIB

JAKARTA (MKRI)—Five homeworkers who filed a material judicial review petition to challenge Article 50 of Law No. 13 of 2003 on Manpower—Muhayati, Een Sunarsih, and Dewiyah (Petitioners I-III) from Jakarta and Kurniyah and Sumini (Petitioners IV-V) from Cirebon—conveyed their petition revisions on Monday, August 15, 2022.

They revised their legal standing and elaborated their constitutional rights as guaranteed in the 1945 Constitution. “We also added some explanation on the Petitioners’ losses—on the guarantee of the Petitioners’ rights in general and their specific losses as homeworkers,” said legal counsel Wilopo Husodo.

Also read: Five Homeworkers Challenge Manpower Law

The Petitioners of case No. 75/PUU-XX/2022 are not employed by companies but receive orders of goods/services from intermediaries. In 2017, the Petitioners had an audience with the Ministry of Manpower to question protection for homeworkers as employees and their work relations based on the Manpower Law but the Ministry said the term “homeworkers” was not recognized in the Law.

The Petitioners believed homeworkers can be categorized as workers following the definition of workers in the Law, but they were considered not having work relations. However, the Ministry of Manpower believed that the characteristics of homeworkers did not met the requirements for workers within work relations as referred to in Article 1 point 15 of the Manpower Law. Therefore, we believe the Manpower Law has not provided legal protection to homeworkers

Therefore, in the petitum, the Petitioners requested that the Court grant the entire petition and nullify Article 1 point 15 of the Manpower Law if not interpreted to mean “An employment relation shall be defined as a relationship between an employer and a worker/laborer, which deals with aspects relating to job description, wage, and orders” and Article 50 if not interpreted to mean “Work relations occurs due to work/employment agreement between the employer and the worker/laborer.”

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

Translation uploaded on 8/23/2022 12:55 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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