Deputy Chief Justice Saldi Isra, Chief Justice Anwar Usman, and Constitutional Justice Arief Hidayat presiding over a 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) held another judicial review hearing 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 Tuesday, October 31, 2023 in the plenary courtroom. The case No. 39/PUU-XX/2022 was filed by 10 workers’ union and 109 individuals.

The hearing had been scheduled for the testimony of the DPR (House of Representatives) and the Government. However, the Chief Registrar reported that the House was still in recess and the Government was not ready to submit a testimony and requested for the hearing to be postponed.

“For case No. [39/PUU-XX/2022], the House is still in recess and the President’s counsel requested a postponement. Therefore, this hearing will be adjourned until Tuesday, November 14, 2023, at 11:00 WIB with the same agenda, to hear the testimonies of the House and the President,” Chief Justice Anwar Usman said.

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The petition was filed by 10 workers’ union and 109 individuals. The unions are the state-owned electricity company PT Perusahaan Listrik Negara (Persero) or SP PLN; the workers’ union of Indonesia Power or PP IP; the workers’ union of PT Pembangkitan Jawa Bali (SP PJB); Federasi Serikat Pekerja Kimia, Energi, dan Pertambangan Serikat Pekerja Seluruh Indonesia (FSP KEP SPSI); Federasi Serikat Pekerja Kimia, Energi, Pertambangan, Minyak, Gas Bumi, dan Umum (FSP KEP); Persaudaraan Pekerja Muslim Indonesia ’98 (PPMI ’98); Federasi Serikat Pekerja Pariwisata Reformasi (FSP PAR); Federasi Serikat Pekerja Tekstil, Sandang, dan Kulit Serikat Pekerja Seluruh Indonesia (FSP TSK SPSI); Serikat Pekerja Aqua Group (SPAG); Federasi Serikat Pekerja Indonesia (FSPI).

The Petitioners challenge Article 42 point 5, Article 7 paragraph (1), Article 10 paragraph (2) point 6, Article 11 paragraph (1) point 7, Article 23 paragraph (2) point 15, point 23 of Article 33 paragraph (1) and paragraph (2) of the Job Creation Law. They believe the Law regulates the supply of electricity for public interest to be unbundling. Prior to the a quo Law, Article 10 paragraph (2) and Article 11 paragraph (1) of Law No. 30 of 2009 on Electricity had been interpreted constitutionally through Constitutional Court Decision No. 111/PUU-XIII/2015 while the Electricity Law No. 20 of 2002 had been revoked by the Court on December 21, 2004 with Decisions 001-021-022/PUU-I/2003. Those Electricity Laws were ruled as such since the unbundling system in the supply of electricity was deemed unconstitutional. However, it is reenacted in the latest Job Creation Law.

Author       : Utami Argawati
Editor        : Nur R.
PR            : Tiara Agustina
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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