Constitutional Justice Manahan M. P. Sitompul speaking at a book review at Pelita Harapan University, Friday (2/10/2023). Photo by MKRI.

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(MKRI) — Chief Justice Anwar Usman gave his remarks at the review of the book “The Development of Labor Laws and the Protection of the Constitutional Rights of Indonesian Workers/Laborers,” written by Constitutional Justice Manahan M. P. Sitompul, on Friday, February 10, 2023 at the HOPE Building of Pelita Harapan University (UPH), Karawaci, Tangerang City, Banten Province.

Chief Justice Anwar said that the Court had carried out its duties and authority as the guardian of the Constitution for almost 20 years to protect the constitutional rights of citizens. As a high state institution mandated directly by the 1945 Constitution as the final interpreter of the Constitution, it has always strived to maintain constitutional justice in the democratic law-based state. Through its decisions, the Constitutional Court is the last bastion that keeps the values of Pancasila and the Constitution alive in society. In this case, the protection of citizens’ constitutional rights also includes the rights of workers/laborers as production support.

“We understand that there are three interrelated elements or tri-partite in national economic activities: the government, employers’ organizations, and workers’ unions. The government has an obligation to form fair regulations or rules of the game so that it can be a good mediator and accepted by each party. On the other hand, entrepreneurs and the workforce have a significant role in producing goods and services that lead to productivity and national economic development. Consumers are an element that always expects their needs fulfilled conveniently. The relationship between the government, employers, and workers/laborers in the challenging era of the industrial revolution 4.0 must be regulated in laws and regulations that reflect justice and legal certainty for the implementation and fulfillment of their constitutional rights. It is necessary to read labor-related laws carefully to understand the dynamics and development of the workforce,” he said.

He also said that the book explains the development of labor laws since the colonialism era up to the government’s ideas to expand the rights and opportunities of workers/laborers through the omnibus law, i.e. Law No. 11 of 2020 on Job Creation. He asserted that the book could be the best literature of 2022.

In his remarks, Constitutional Justice Manahan M. P. Sitompul said the book had simple substance. “My book is most appropriate for practitioners and university students so they understand how the implementation of labor laws is supposed to be empirically. I explained more about the Constitutional Court decisions that revised or remedied things which could imply political tug-of-war, so that many people felt their constitutional rights were violated. That is the essence of the book,” he explained.

He asserted that the constitutional basis for workers/laborers is Article 27 paragraph (2), Article 28D paragraph (2), and Article 28I paragraph (1) of the 1945 Constitution. “These three articles are my basis to say that the rights of workers are guaranteed in the 1945 Constitution. Some of those rights are constitutional rights and human rights,” he said.

Justice Manahan also explained that job creation policies should be realized in an omnibus law, which reflects an integration and codification of regulations with the ultimate goal of streamlining the implementation of these regulations. “Meanwhile, the formation of the Job Creation Law through the omnibus law technique is believed to be able to overcome various legal problems, including not in accordance with the times and the development of community needs,” he added.

Law professor of Universitas Indonesia Aloysius Uwiyono and head of the Center for Administrative Law, Constitution, and Anti-Corruption Dwi Putra Nugraha reviewed the book. Aloysius expressed appreciation for the book. “The book will, of course, added to the literature on labor, which has room for improvement,” he said.

The book, he said, explains the rapid legislative developments of labor, which might need clarifications. “The book is also valuable for university students, researchers, lecturers, and industry practitioners. They will obtain valuable insights on the changes to the rights and responsibilities of employees,” he explained.

The book, he added, should have been titled the development of the Manpower Law, since it focuses specifically on that law.

“Labor laws can be categorized into autonomous laws and heteronomous laws. So, the legislation determined by a third party that is not bound by work relations. Meanwhile, the other principle, autonomy, is essentially agreement. [The book] does not discuss work agreements, either joint work agreements or individual work agreements,” he said.

Meanwhile, Dwi Putra Nugraha said the Constitutional Court had ruled many cases on labor, but the book only talks about those that the Court granted. “This book should have a revised edition, Mr. Manahan, and soon. We are still waiting for rulings on the Job Creation Law,” he emphasized.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

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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