The Petitioners’ legal counsels conveying the petition revisions at the panel formal judicial review hearing of the Job Creation Law, Monday (5/22/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) holds a second hearing for the formal and material judicial review of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law on Monday, May 22, 2023. The hearing, scheduled to examine the revisions to the petition, was presided over by Constitutional Justices Arief Hidayat, Suhartoyo, and Enny Nurbaningsih.

The petition was filed by 121 petitioners, consisting of ten workers’ unions and 111 individuals. Through legal counsel Zen Mutowali, they conveyed the revisions the petition No. 40/PUU-XXI/2023, which included the separation between the formal and material judicial review as well as the reason behind the petition and the Petitioners’ legal standing. They also affirmed their arguments and the articles petitioned for review, following the justices’ advice at the previous hearing.

“In the material [review petition, the Petitioners argue that] Article 81 number 12, Article 56 number 12, Article 58 number 15, Article 61 number 18, Article 64 number 19, ... Article 164 number 65 of the Job Creation are in violation of the 1945 Constitution and not legally binding,” said legal counsel Guntoro while reading out the new petitum.

Also read: Hundreds of Workers Allege Job Creation Law Facilitates Layoff 

On Tuesday, May 9, the Court held the preliminary hearing for the case. Among the Petitioners are Federasi Serikat Pekerja Kimia, Energi, dan Pertambangan Serikat Pekerja Seluruh Indonesia (FSP KEP SPSI); Persatuan Pegawai Indonesia Power (PP IP); Federasi Serikat Pekerja Indonesia (FSPI); and others.

They allege that the Job Creation Law is legally flawed and that the a quo articles are against Article 27 paragraph (2), Article 28C paragraph (2), and Article 28D paragraphs (1) and (2) of the 1945 Constitution. They also question the DPR’s (House of Representatives) approval of the stipulation of Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation into law. They believe this means the House has approved the president’s justification of the compelling crisis situation for the stipulation of the perppu.

The Petitioners also allege that the enactment of Article 81 of the Job Creation Law has led to actual or at least potential losses in the part of the Petitioners and could lead to loss of job. They allege that the Law has harmed many workers because its implementation facilitates layoffs.

In general, changes in manpower as regulated in the articles of the Job Creation Law have degraded state protections for workers, which was previously regulated appropriately in Law No. 31 of 2003 on Manpower.

“The degradation of legal protections for workers, which have been better regulated previously, has led to a high number of layoffs, which will in turn lead to an increase in unemployment,” said legal counsel Mustiyah.

She explained that the Constitutional Court through Decision No. 91/PUU-XVIII/2020 ordered the legislatures to revise Law No. 11 of 2020 on Job Creation within two years. They were supposed to use the impending deadline for complying with the Court’s order swiftly.

“The Constitutional Court should firmly declare the stipulation of the a quo law a form of defiance that injures the Court’s dignity. If this model was allowed, the Petitioners worry there would potentially be the weakening of the checks-and-balances function and creating public distrust in the Court because its decisions would be powerless before other state institutions,” Mustiyah said. 

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Fitri Yuliana
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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