Chief Justice Suhartoyo, accompanied by Justices Daniel Yusmic P. Foekh and Guntur Hamzah presiding over the judicial hearing of Law No. 1 of 1970 on Occupational Safety. Photo by MKRI/Panji.

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Jakarta (MKRI) – Petitioner Syamsul Jahidin declared the withdrawal of Petition No. 221/PUU-XXIII/2025 on the material judicial review of Article 15 paragraph (2) of Law No. 1 of 1970 on Occupational Safety against the 1945 Constitution of the Republic of Indonesia. It was conveyed during the hearing on Monday, December 12, 2025, which was initially scheduled to examine the revised petition.

“Because we want to elaborate and resubmit the petition,” Syamsul stated the reason behind the withdrawal.

The case was heard by a Panel of Justices chaired by Chief Justice Suhartoyo, accompanied by Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah. Chief Justice Suhartoyo stated that the withdrawal could be declared during the hearing or officially by letter.

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Weak Sanctions for Occupational Safety Violations

During the first hearing, Syamsul stated that the enactment of the law leads to the loss of an individual’s right to safety and guarantees for a healthy environment as a basic need. Article 15 paragraph (2) of the Occupational Safety Law reads: “The legislation referred to in paragraph (1) may impose criminal sanctions for violations of its provisions in the form of imprisonment for a maximum of 3 (three) months or a fine of up to Rp100,000 (one hundred thousand rupiah).”

Syamsul, who also identifies himself as an occupational safety and health (K3) officer and auditor, stated that he has no legal certainty in enforcing occupational safety principles due to the absence of clear guarantees for safety officers to notify agency or company management of the importance of implementing K3. As a result, the Petitioner claims to suffer both actual and reasonably certain potential harm, as it undermines the effectiveness of human rights protection in the context of labor standards.

In his petitum, the petitioner asks the Court to declare Article 15 paragraph (2) of the Occupational Safety Law unconstitutional and without binding legal force, or to declare it conditionally unconstitutional insofar as it is not interpreted to read: “The legislation referred to in paragraph (1) may impose criminal sanctions for violations of its provisions in the form of imprisonment for a maximum of 4 (four) years or a fine of up to Rp100,000,000 (one hundred million rupiah).”

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Author: Mimi Kartika.

Editor: N. Rosi

PR: Raisa Ayuditha Marsaulina.

Translator: Rizky Kurnia Chaesario

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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