New Final Draft Until Palace, Job Creation Law Has Been Sued To The Constitutional Court

JAKARTA - The Job Creation Law has been sued at the Constitutional Court (MK). Even though the final draft only arrived at the Palace on Wednesday, October 14th.

Judging from the website of the Constitutional Court, the application for judicial review of the Job Creation Law was submitted by the Central Executive Board of the Singapore Trade Union Federation. The request for judicial review was received by the Constitutional Court on Monday, October 12.

In his application, the Head of the DPP Singapore Workers Union Federation (FSPS) Deni Sunarya and the General Secretary of the FSPS DPP, Muhammad Hafidz submitted a request for a review of Article 81 numbers 15, 19, 25, 29 and 44 of the Law which has not been given this number to Article 28D paragraph 1 and paragraph 2 of the 1945 Constitution.

"The provisions of Article 81 number 15, number 19, number 25, number 29 and number 44 of the Job Creation Law have the potential to harm the constitutional rights of the applicant members which have been stipulated in Article 28D paragraph 1 and paragraph 2 of the 1945 Law. a cause and effect of legal consequences until the end of the working relationship between the applicant's member and the employing company where the applicant's member works, "said the applicant.

In a request for a judicial review, FSPS said that the provisions of Article 81 point 15 of the Job Creation Law were no better and instead eliminated the regulation of timeframes, extension limits and renewal of certain working time agreements.

FSPS also stated that the provisions of Article 81 point 44 of the Job Creation Law contradict Article 28D paragraph 1 which reads 'everyone has the right to recognition, guarantees, protection and legal certainty that is just and equal treatment before the law'. Meanwhile, Article 28 paragraph 2 of the 1945 Constitution reads 'everyone has the right to work to receive fair and proper compensation and treatment in a work relationship'.

Article 81 point 44 of the Job Creation Law according to FSPS amends Article 156 paragraph 2 and paragraph 3 of the Manpower Law. FSPS continued employers are given the option to determine the amount of severance pay and / or service pay with an upper limit.

"This means that employers are not required to pay severance pay and / or service pay according to the amount stipulated in the Job Creation Law. It can even mean prohibiting employers (secretly) from paying higher as the meaning of the phrase 'at most' in the amendment of Article 156 paragraph 2 and paragraph 3 of the Manpower Law, ”explained the petitioner.