Ayu Putri Sues The Job Creation Law At The Constitutional Court While Struggling To Find Work During The Pandemic Period

JAKARTA - It is not only labor unions that are suing the Omnibus Law on the Job Creation Law to the Constitutional Court. There are contract employees and freelancers who have also asked for a judicial review of the Law which has led to a wave of demonstrations in various regions.

Quoted from the Constitutional Court website, Thursday, October 15, Dewa Putu Reza (applicant I), contract employee and applicant II, freelance Ayu Putri gave the power to Seira Tamara Herlambang and Zico Leonard Djagardo to register a request for a judicial review of the Work Creation Law to MK.

In the petition received by the Constitutional Court, Monday, October 12, the petitioner explained the legal position (legal standing) in accordance with the explanation in Article 51 paragraph 1 of the Law on the Constitutional Court.

Petitioner I, Dewa Putu Reza is currently working as a contract employee who has the opportunity not to be appointed as an employee protected by an Indefinite Work Agreement (PKWTT) because the Job Creation Law does not regulate a time limit for the renewal of a Specific Time Work Agreement.

"That the enactment of the a quo Law will take away applicant I's right to get decent work benefits obtained from the work bond over the Indefinite Time Work Agreement (PKWTT) because there is no certainty that workers who are bound to PKWT will experience appointment at a predetermined time limit. in the a quo Law, "explained the petitioner.

While Ayu Putri, applicant II is an individual who is currently trying to find work in the midst of the COVID-19 pandemic. Petitioner II explained that his position was increasingly having difficulties in fulfilling the necessities of life.

"Because if applicant II gets a job, then the employer through the a quo law has the right to grant status as a contract worker without time limit for applicant II," wrote the applicant.

There are three reasons for Ayu Putri and Dewa Putu to submit a judicial review of the Job Creation Law to the Constitutional Court. First, the elimination of the deadline for a fixed-time work agreement (PKWT) results in the loss of fair legal protection and legal certainty for workers.

Second, the elimination of the minimum provisions in the provision of severance pay and reward money has robbed workers of their right to decent income and living.

The third reason, the elimination of the provision of two days of weekly rest for five working days and increased overtime hours has added to the burden on workers, resulting in the absence of fair and proper treatment in working relationships.

In his petitum, the petitioner asked the judges of the Constitutional Court to state Article 59, Article 156 paragraph 2, Article 156 paragraph 3, Article 79 paragraph 2 letter b and Article 78 paragraph 1 letter b of the Job Creation Law contrary to Article 27 paragraph 2, Article 28D paragraph 1 and Article 28D paragraph 2 of the 1945 Constitution.