The Government’s proxies attending a material judicial review hearing of Law No. 6 of 2023 on Job Creation, Monday (3/4/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material 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 Monday, March 3, 2024. The case No. 168/PUU-XXI/2023 was filed by the Labor Party, the Indonesian Metal Workers Federation (FSPMI), the All-Indonesia Workers Union Confederation (KSPSI), the Indonesian Labor Union Confederation (KPBI), the Confederation of Indonesian Trade Unions (KSPI), and two workers—Mamun and Ade Triwanto.

The hearing had been planned to present the Government and the House of Representatives (DPR) but the House was in recess and had requested the delay of the hearing. The Government also asked for delay, citing the need for more time to finalize their response.

The Court set the next hearing for Thursday, March 14, 2024 at 13:30 WIB. “Please do not ask for more delay,” Chief Justice Suhartoyo said.

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Labor Party, Workers Unions Challenge 12 Clusters of Job Creation Law

Labor Party Reduces Articles, Strengthen Reasons Why Job Creation Law Unconstitutional

The Petitioners challenge 12 clusters, 3 articles, and 50 norms in the Job Creation Law. The clusters include provisions on job training institutions; workers’ placement; foreign workers; non-permanent contract or work agreement for a specified time (PKWT); outsourced workers; working time; leave; minimum wages and wages; termination of employment (PHK); severance pay (UP), reimbursement of rights (UPH), and long service award money (UPMK); elimination of criminal sanctions; and social security. They believe the articles do not reflect fair legal guarantees and protection for workers and, thus, contradict Article 28D paragraph (1) of the 1945 Constitution.

Therefore, in 93 points of their petitum, the Petitioners request the Court to declare the “semicolon (;)” and the word “or” after the phrase “private job training institutions” in Article 81 point 1 of Law No. 6 of 2023 that changed and stipulated the provision of Article 13 of Law No.13 of 2003 on Manpower unconstitutional and not legally binding, so that Article 13 paragraph (1) letter b will read: “b. private job training institutions.” They also request that the Court declare Article 81 No. 3 of Law No. 6 of 2023, which amends and stipulates Article 37 paragraph (1) letter b of Law No.13 of 2003 on Manpower unconstitutional and not legally binding if not interpreted as “legal entity private worker placement institutions.”

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
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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