Constitutional Justice Manahan M. P. Sitompul speaking at a national seminar at the Law Faculty of the University of Surakarta, Saturday (12/10/2022). Photo by MKRI/Hendy.

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Saturday, December 10, 2022 | 22:02 WIB

(MKRI) — Constitutional Justice Manahan M. P. Sitompul spoke at a national seminar on “Constitutional Court and the Protection of the Constitutional Rights of Indonesian Workers/Laborers” on Saturday, December 10, 2022 at the Law Faculty of the University of Surakarta (FH UNSA). The event was organized by the Constitutional Court (MK) in collaboration with FH UNSA. Speakers from the Law Faculty of UNS (Sebelas Maret University) and UNSA, Sunny Ummul Firdaus and Al Ghozali Hide Wulakada, also spoke at the seminar.

In his presentation, which he delivered on site from the Brodjo Sudjono Auditorium, Justice Manahan encouraged the participants to know more about the constitutional basis for the protection of workers/laborers. According to Article 28D paragraph (2) and Article 28E paragraph (1) of the 1945 Constitution, everyone has the right to choose any job and to earn a living, and to fair and decent treatment in work relations. The Constitutional Court has reviewed Law No. 13 of 2003 on Manpower 35 times. The law is among the top 10 laws most petitioned in the Constitutional Court.

Justice Manahan said in some of its decisions, including Decision No. 12/PUU-I/2003, the Court ruled that employers do not have the authority to unilaterally terminate employment without a due process of law and a court decision. Meanwhile, Decision No. 115/PUU-VII/2009 removed the need for a single majority in a workers union/labor union to form a collective work agreement. The Court also ruled to annul the prohibition of blood and/or marital ties between workers/laborers in a company, or using such a relation as a basis for terminating employment in Decision No.13/PUU-XV/2017.

“The development of the labor laws cannot be separated from the Constitutional Court’s decisions on the Manpower Law. Some of these norms have been reviewed by the Constitutional Court. In accordance with the constitutional authority granted by the 1945 Constitution, the Court has the authority to examine laws against the 1945 Constitution as following Article 24C paragraph (1) of the 1945 Constitution,” said the author of Perkembangan Hukum Ketenagakerjaan dan Perlindungan Hak-Hak Konstitusional Pekerja/Buruh Indonesia (“The Development of Labor Law and the Protection of the Constitutional Rights of Indonesian Workers/Laborers”), published by Rajawali Pres in 2021.

State’s Obligations

Justice Manahan then talked about the Constitutional Court Decision No. 83/PUU-XVII/2019. The Petitioner, the central executive board of the Association of Migrant Worker Placement Companies (ASPATAKI), argued that Article 54 paragraph (1) letters (a) and (b), Article 82 letter (a), and Article 85 letter (a) of Law No. 18 of 2017 contradicted the 1945 Constitution. The Court tried to provide a complete picture of how important the state is in efforts to provide maximum protection for Indonesian workers abroad.

In addition, the Court also emphasized that Law No. 39 of 2004, which has often been reviewed, also in plain view does not optimally protect the rights of Indonesian workers. Therefore, Law No. 18 of 2017 also includes the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW). The Constitutional Court rejected all of ASPATAKI’s arguments and asserted that regulations on Indonesian migrant workers abroad must be in place and their rights, which are guaranteed by the 1945 Constitution, must be protected.

Writer        : Sri Pujianti 
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/12/2022 15:40 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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