The Petitioners’ legal counsel at the petition revision hearing for the formal judicial review of Perppu No. 2 of 2022 on Job Creation, Tuesday (3/7/2023). Photo by MKRI/Ifa.
Tuesday, March 7, 2023 | 14:04 WIB
JAKARTA (MKRI) — The Constitutional Court (MK) held a formal judicial review hearing of Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation against the 1945 Constitution on Wednesday, February 22, 2023 in the panel courtroom. The petition No. 22/PUU-XXI/2023 was filed by the Alliance of Workers Unions/Labor Unions.
At the hearing chaired by Constitutional Justice Arief Hidayat, legal counsel Ari Lazuardi conveyed the revisions to the petition following the justice panel’s recommendations. “First, Your Excellencies recommended that the Petitioners be stated as representatives of their organizations. Thus, we changed the Petitioners from 15 to 10. Some of the Petitioners are represented by two people or one person,” he explained.
The explanation on the Court’s jurisdiction was not changed much, but completed to mention the hierarchy of legislation. “We affirm that the deadline, following a recommendation by His Excellency Daniel Yusmic [Foekh], is 41 days after [the perppu] was promulgated,” he said.
The Petitioners’ legal standing was adjusted following the organizations’ statutes/bylaws. “We emphasize that we have included additional evidence in the form of mandate letters from the organizations. For Persatuan Pegawai Indonesia Power (the association of Indonesia Power employees), for example, only the chairman and the first secretary, following its statute/bylaw as referred to in point 22 page 17 of the revised petition, Your Honors,” he said.
Also read: Workers Unions Alliance Challenge Formation of Job Creation Perppu
At the preliminary hearing on Wednesday, February 22, the Petitioners, who are leaders of federations and workers unions at the central level, alleged that the Job Creation Perppu had resulted in new norms that could harm their interests. They suffered impairment such as work relations that allow for long employment agreements made for unspecified period of time, the ambiguity of minimum wage, the elimination of sectoral minimum wage, the reduction of negotiation rights of workers unions, the reduction of severance pay, the ambiguity of social values, and potential conflicts due to the ambiguity of transitional provisions that regulate new norms and norms that are removed from Chapter IV on Manpower.
They also asserted that the consideration and elucidation to the Job Creation Perppu state the perppu was following up on the Constitutional Court Decision No. 91/PUU-XVIII/2020. Legal counsel Ari Lazuardi said the Court had ordered the legislatures resolve the violations and ordered that a standard legal basis be immediately formed as a lawmaking guideline for the omnibus law. Point 4 of the verdict and the Court’s legal considerations for Decision No. 91/PUU-XVIII/2020 state that the legislatures ought to make improvements to the lawmaking process Law No. 11 of 2020 on Job Creation in terms of standards, meaningful community participation, and substantial improvement of the text. However, the Job Creation Perppu proves that the President has not complied with the Court’s order in that decision. Based on those reasons and the fact that the perppu was not enacted due to a compelling crisis situation, the Petitioners appealed that the Court declare the Job Creation Perppu unconstitutional.
Author : Utami Argawati
Editor : Lulu Anjarsari P.
PR : M. Halim
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 3/7/2023 14:59 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.