The Constitutional Court again holds a hearing on the judicial review of the Occupational Safety Law with the agenda of examining the Petitioner’s revised submission, Friday (01/09/2026), conducted online. Photo by MKRI/IlhamWM.
JAKARTA, (MKRI) – The Constitutional Court again held a follow-up examination hearing for Case Number 246/PUU-XXIII/2025 on Friday (01/09/2026). The petition was filed by Suhari, a private-sector employee, challenging the constitutionality of Article 15 paragraph (2) of Law Number 1 of 1970 on Occupational Safety (Occupational Safety Law).
The hearing, with the agenda of reviewing revisions to the petition, was chaired by Constitutional Justice Enny Nurbaningsih, accompanied by Constitutional Justices Ridwan Mansyur and Arsul Sani. Appearing online, Suhari stated that the petition had been revised in accordance with the advice of the Panel of Justices.
Suhari explained that the revisions primarily concerned the legal standing section, while the description of the Court’s authority remained unchanged. He emphasized the existence of a direct causal relationship between the enforcement of Article 15 paragraph (2) of the Occupational Safety Law and the constitutional harm he experienced as a worker.
According to Suhari, the low fine sanction stipulated in the provision causes occupational safety and health (K3) standards to be easily ignored by companies. With a maximum fine of IDR 100,000, employers are rationally more inclined to pay the fine if caught violating safety regulations rather than invest heavily in machine maintenance, heavy equipment certification, or the provision of personal protective equipment (PPE).
In the posita, the Petitioner outlined revisions from points 4 through 18. In point 4, he argued that the threat of a maximum three-month imprisonment or a fine of IDR 100,000 creates dangerous sociological implications by encouraging employers and institutions to underestimate occupational safety obligations. In point 5, the Petitioner highlighted that the amount of the fine was set in 1970 and is no longer relevant in light of technological developments in industry, international safety standards, and current socio-economic conditions.
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Fines under Occupational Safety Law Deemed No Longer Relevant
During the initial hearing at the Court on Wednesday (12/17/2025), Suhari stated online that the sanctions stipulated in Article 15 paragraph (2) of the Occupational Safety Law have lost their deterrent effect due to inflation and economic changes. This condition, he argued, leads employers to disregard occupational safety and health standards.
The provision, according to Suhari, violates the right to fair legal certainty as guaranteed under Article 28D paragraph (1) of the 1945 Constitution. In addition, weak sanctions are considered to threaten the right to a prosperous life and to a safe and healthy working environment as stipulated in Article 28H paragraph (1) of the 1945 Constitution.
In his petitum, Suhari requested that the Court declare Article 15 paragraph (2) of the Occupational Safety Law conditionally unconstitutional insofar as it is not interpreted to require an adjustment of fine values based on a price index or a legislative update of the nominal amount.
Case Tracker: Number 246/PUU-XXIII/2025
Author : Utami Argawati
Editor : N. Rosi
Translator : Agusweka Poltak Siregar
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 prevails.
Friday, January 09, 2026 | 11:19 WIB 89