Constitutional Justice Anwar Usman opening the panel preliminary hearing of the judicial review of Law No. 1 of 1970 on Occupational Health and Safety, Monday (7/8/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Charles Mangaraja Tampubolon, a doctor specializing in occupational health and safety (K3), has petitioned Article 15 paragraph (2) of Law No. 1 of 1970 on Occupational Health and Safety Law against the 1945 Constitution to the Constitutional Court (MK). The preliminary hearing for case No. 53/PUU-XXII/2024 took place on Monday, July 8, 2024 in one of the Court’s panel courtrooms. However, at the hearing presided over by Constitutional Justices Anwar Usman, M. Guntur Hamzah, and Asrul Sani, the Petitioner and his legal counsel asked that the hearing be delayed.

“The Court received a letter that the Petitioner through his legal counsel has requested that the hearing be postponed for a week since he would still be on trip back to the capital city, while the Petitioner’s legal counsel would like to complete the documents. The Petitioner and his legal counsel have different reasons for [the delay] of hearing, so today’s hearing cannot be continued and this will be reported to the justice deliberation meeting,” Justice Anwar said.

In the petition, the Petitioner asserted that the norm being petitioned is irrelevant to the real implementation and recognition of occupational health and safety in Indonesia. This, he believes, has led to the poor punishments against the failure to implement occupational health and safety as well as the lack of legislative review since the law was promulgated in 1970. Punishments regulated in the law are inconsequential and irrelevant to the times, technological developments, safety standards and requirements, as well as the demands of the social and international environment. In substance, it deprives a person of the right to safety and health insurance guaranteed in the 1945 Constitution.

The Petitioner wishes that the implementation of occupational health and safety in the public be a priority concern, especially of the government, business and industry, professionals, experts, observers, academics and the wider community in order to minimize losses and to improve the nation’s global competitiveness.

Author            : Sri Pujianti
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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