Petitioner Muhammad Hafidz conveying the subject matter at the preliminary hearing of the Law on Industrial Relations Dispute Settlement (PPHI), Wednesday (9/6/2023). Photo by MKRI/Fauzan.
JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing of the material judicial review of Law No. 2 of 2004 on Industrial Relations Dispute Settlement (PPHI) on Industrial Relations Disputes Settlement (PPHI Law) on Wednesday, September 06, 2023. The case number 94/PUU-XXI/2023 was filed by Muhammad Hafidz. He challenges Article 82 and the phrase “the decision of the Industrial Relations Court” in Article 97 of the PPHI Law.
Article 82 of the PPHI Law reads, “The petition which is filed by the worker/laborer as meant in Article 159 and Article 171 of Law Number 13 of 2003 concerning Manpower may only be submitted within the grace period of 1 (one) year after the decision of the employer is received or informed.”
Article 97 of the PPHI reads, “The obligations that should be carried out and/or the rights that should be received by the parties or by one of the parties on each settlement of the industrial relations dispute are determined in the decision of the Industrial Relations Court.”
The Petitioner explained that the one-year grace period for termination of employment (PHK) lawsuits as stipulated in Article 82 of the PPHI Law is for the reasons referred to in Article 159 and Article 171 of Law No. 13 of 2003 on Manpower.
At the hearing chaired by Constitutional Justice Manahan M.P. Sitompul, the Petitioner, who was present without legal counsels, explained his legal standing and constitutional loss. “As a worker who is still actively working in a private company, I have been harmed by the enactment of the material content in Article 82 and Article 97 of Law No. 2 of 2004,” he said.
He asserted that as a private employee, he may experience constitutional loss due to termination for reasons as referred to in Article 82 of the PPHI Law. He could also be potentially deprived of his constitutional rights by the enactment of Article 97 of the PPHI Law while trying to obtain a refund of case fees for a tenure of approximately 9 years with salaries amounting to Rp25,403,800 per month. Thus, if he took into account the compensation for termination of employment for his tenure and salaries, he would be entitled to severance pay and service pay amounting to Rp330,249,400.
Employment Lawsuit Fees
The Petitioner argued that the provisions of Article 58 of the PPHI Law states that the process of litigation in the Industrial Relations Court is not subject to fees as long as the cost is under Rp150,000,000. If the Petitioner wishes to file an employment termination dispute lawsuit to the Industrial Relations Court with a value of severance pay and service pay amounting to Rp330,249,400, he will be charged a case fee, the amount of which has been determined by the Court as an advance court fee.
After paying for the advance court fee, the Industrial Relations Court handed down a verdict to grant the Petitioner’s request and ordered the employer to give the Petitioner his rights. The employer, who lost the case, had to pay for the court fee since the compensation amounted to over Rp150.000.000. The employer implemented the Industrial Relations Court’s decision, which had permanent legal force, but only paid for the Petitioner’s compensation for the employment termination, but objected to the court fee, which the Petitioner had previously paid for as an advance court fee.As such, the Petitioner had lost the money he paid for as an advance court fee when filing the lawsuit.
Therefore, in the petitum, the Petitioner requested that the Court declare Article 82 of the PPHI Law unconstitutional and not legally binding and the phrase “the decision of the Industrial Relations Court” in Article 97 of the PPHI Law unconstitutional if not interpreted as “the decision of the Industrial Relations Court, aside from inflicting punishment to the obligation of paying the court fee, shall determine the other party who receive the payment of the court fee to compensate for the advance court fee.”
Constitutional Loss
In response, Constitutional Justice Enny Nurbaningsih said the Petitioner’s petition was quite clear and followed the Constitutional Court Regulation (PMK) No. 2 of 2021. However, she advised him to elaborate on the losses he had experienced.
“You need to elaborate more whether this is indeed potential (loss). Have you ever experienced actual losses related to employment termination?” she asked.
Meanwhile, Constitutional Justice Wahiduddin Adams asked the Petitioner whether the detailed arrangement as he requested was within one law. “Because the detailed arrangement requested by the Petitioner as outlined in the statutory norm under the law or even requested by the Petitioner to become the justices’ discretion to consider which party should be charged for compensation for case fee for this hearing. The legal standing should be more elaborated. The constitutional losses may not only be their own,” added Justice Wahiduddin.
Before adjourning the session, Constitutional Justice Manahan M.P. Sitompul informed the Petitioner that they had 14 workdays to revise the petition and submit it to the Registrar’s Office no later than Tuesday, September 19, 2023.
Author : Utami Argawati
Editor : Nur R.
PR : Tiara Agustina
Translator : Tahlitha Laela/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.
Wednesday, September 06, 2023 | 15:47 WIB 262