Workers Worried That The Court Is Not Neutral On The Job Creation Law Lawsuit

Illustration / Constitutional Court Building (Between Photos)

JAKARTA - The labor unions that are members of the National Welfare Movement (Gekanas) are considering the option of rejecting the Job Creation Law through the constitution by submitting a judicial review at the Constitutional Court (MK).

However, there is a concern that the judicial review plan with the aim of canceling the Job Creation Law cannot be implemented. This is because the amendment to the Constitutional Court Law is considered to weaken the independence of the Constitutional Court judges.

"Apart from the action, we also consider the MK. However, let's say we are also anxious at the Court. Frankly, we suspect that the Court is not neutral," said Chairman of the FSP LEM SPSI Arif Minardi in a webinar discussion, Monday, October 12.

Arif admitted that his party would first study Law Number 7 of 2020 concerning the Constitutional Court, which is the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court.

According to him, the revision of the Constitutional Court Law also reduces the compliance of the government and the DPR on the results of the Constitutional Court decisions. "We will study the new Constitutional Court Law because the old rules have been revised. I received input from experts that the results of the Constitutional Court can be ignored by the government," he explained.

However, this does not rule out the possibility that the labor union will continue to reject the omnibus law through the constitution.

According to the Chairman of the Confederation of Indonesian Workers Unions (KSPI) Said Iqbal, his party is also in the middle of arranging a prepared lawsuit strategy. First, labor unions can sue through formal testing. According to him, there were many defects in procedures when drafting the Job Creation Law.

"Until today, it has only been known that the final draft will only be given. So, what will the DPR members hold at the plenary date on October 5? Blank paper? It is clearly a formal defect," Said Iqbal.

"Not to mention, there is no public hiring involvement in the submission of the draft. If we submit a formal test, all omnibus laws can be canceled," he continued.

Second, workers can file a material test for articles that are considered controversial. "In the labor group, of course, will discuss the Employment cluster, as well as other groups," said Said.

Previously, President Jokowi said that the demonstration that took place on Thursday, October 6 occurred because of the large amount of disinformation and hoaxes circulating regarding the Job Creation Law. He also gave a number of explanations related to this law, including emphasizing that this law would not be detrimental to workers because none of their rights were abolished.

Jokowi also asked all parties who disagreed with the Omnibus Law on Cipta Kerja to submit a judicial review to the Constitutional Court (MK). Not holding a demonstration that ended in chaos.

"If there are still parties who are dissatisfied with the Job Creation Law, please submit a judicial review to the Constitutional Court (MK)," Jokowi said as quoted from Youtube of the Presidential Secretariat, Jakarta, Friday, October 9.

According to him, the judicial review step to the Constitutional Court is regulated in the Indonesian constitutional system. "Our constitutional system does regulate that. If anyone is not satisfied, please submit a judicial review," said Jokowi.