Constitutional Justice M. Guntur Hamzah reading out the Decree/Ruling of Case No. 175/PUU-XXII/2024 in the Plenary Courtroom, Building 1, Constitutional Court. Photo by MKRI/Fauzan

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JAKARTA (MKRI) – The Constitutional Court (MK) has granted the withdrawal of the petition for judicial review of Law No. 13 of 2003 on Manpower (Manpower Law)—specifically Article 85 paragraph (3)—which is considered to have the potential to violate workers' rights. The hearing to pronounce the decree was held on Friday (3/21/2025) in the MK Courtroom.

Case No. 175/PUU-XXII/2024 was filed by two students, Meida Nur Fadila Syuhada and Priyoga Andikarno, who acted as Petitioners I and II. The petitioners highlighted alleged violations of workers' rights to a decent life, fair treatment, and legal certainty that should be guaranteed by the constitution.

In the Decree Hearing, Chief Justice Suhartoyo stated that the Court  granted the withdrawal of the petition. Regarding the withdrawal of the Petitioner's petition, Article 35 paragraph (1) of the Constitutional Court Law states, "The Petitioner may withdraw the petition before or during the Court examination" and Article 35 paragraph (2) of the Constitutional Court Law states, "The withdrawal as referred to in paragraph (1) results in the petition not being able to be resubmitted."

Thus, based on the provisions as referred to in letter e and letter f above, the Justices' Deliberation Meeting has concluded that the revocation or withdrawal of the petition for Case No. 175/PUU-XXII/2024 is legally justified and the Petitioner cannot re-submit the a quo petition. "Based on the legal considerations in letter g above, the Justices' Deliberation Meeting ordered the Registrar of the Court to record the withdrawal of the Petitioner's petition in the Electronic Constitutional Case Registration Book (e-BRPK) and return a copy of the petition file to the Petitioner," he said.

Also read:

Students Demand Certainty over Compensation for Work on Official Holidays

Two University Students Withdraws Petition on Manpower Law

Previously, in a preliminary hearing on December 19, 2024, the petitioners stated that Article 85 paragraph (3) of the Manpower Law allows workers to continue working on official holidays without clear regulations regarding compensation. They considered that this provision could be detrimental to workers and contradict the 1945 Constitution, especially Article 27 paragraph (2) which guarantees the right to work and a decent living.

Priyoga in the previous hearing also highlighted that the provision creates legal uncertainty because it doesn’t provide clarity regarding the rights of workers who work on official holidays. According to him, this is contrary to Article 28D paragraph (1) of the 1945 Constitution which guarantees the right to fair legal certainty for every citizen.(*)

Author          : Utami Argawati
Editor           : Lulu Anjarsari P.
PR               : Tiara Agustina
Translator    : Donny Yuniarto

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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