A ruling hearing for the material judicial review of No. 1 of 1970 on Occupational Health and Safety, Tuesday (7/30/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) dismissed a material judicial review petition by Charles Mangaraja Tampubolon on Article 15 paragraph (2) of Law No. 1 of 1970 on Occupational Health and Safety (K3 Law). The ruling hearing for Decision No. 53/PUU-XXII/2024 took place on Tuesday, July 30, 2024 in the plenary courtroom.

Chief Justice Suhartoyo mentioned that the Court had received the petition on March 29, 2024. The preliminary hearing was scheduled for July 8, which the Petitioner did not attend. He had sent an email dated July 7 requesting a postponement because he was traveling back to the capital, and his attorney was completing the necessary data and documents for the hearing.

At the deliberation meeting (RPH) on July 9, the justices concluded that the Petitioner’s absence at the first hearing indicated a lack of seriousness. The reasons given were not valid. The Court summons, delivered by a bailiff, had informed the Petitioner he could attend online by request.

Chief Justice Suhartoyo noted that the Petitioner had multiple legal representatives who could have attended. The justices opened the session and repeatedly called for the Petitioner, who did not appear. Thus, the request to postpone the hearing was deemed legally unfounded, and the petition was dismissed. “The petition is hereby dismissed,” declared Chief Justice Suhartoyo.

Also read: Hearing on Occupational Health and Safety Law Delayed

In the petition, the Petitioner asserted that the norm being petitioned was irrelevant to the real implementation and recognition of occupational health and safety in Indonesia. This, he believed, had 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 allegedly deprives a person of the right to safety and health insurance guaranteed in the 1945 Constitution.

The Petitioner wished 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      : Dzaki Difa Al Hadiid/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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