MK Partially Grants Labor Party Demands on Job Creation Law

Author: Jessica Sihombing
October 31, 2024

Suasana sidang pengucapan putusan Perkara Nomor 168/PUU-XXI/2023 di Ruang Sidang Pleno Mahkamah Konstitusi, Jakarta, Kamis (31/10/2024). (ANTARA/Fath Putra Mulya)

SEAToday.com, Jakarta-The Constitutional Court (MK) has partially granted the demands of the Labor Party and several other labor union federations regarding the material test of Law Number 6 of 2023 on Job Creation, Thursday (10/31).

The MK granted the constitutional review of 21 norms in the Job Creation Law as requested by the Labor Party. Meanwhile, one was deemed inadmissible, while other requests were rejected for lack of legal grounds.

The core requests granted by the MK relate to the norms in Article 42 paragraphs (1) and (4) in Article 81 number 4; Article 56 paragraph (3) in Article 81 number 12; Article 57 paragraph (1) in Article 81 number 13; Article 64 paragraph (2) in Article 81 number 18; Article 79 paragraph (2) letter b and Article 79 paragraph (5) in Article 81 number 25; Articles 88 paragraph (1), 88 paragraph (2), and 88 paragraph (3) letter b in Article 81 number 27, Articles 88C, 88D paragraph (2), 88F in Article 81 number 28; Article 90A in Article 81 number 31; Article 92 paragraph (1) in Article 81 number 33; Article 95 paragraph (3) in Article 81 number 36; Article 98 paragraph (1) in Article 81 number 39; Articles 151 paragraph (3) and (4) in Article 81 number 40; Article 157A paragraph (3) in Article 81 number 49; and Article 156 paragraph (2) in Article 81 number 47 of the Job Creation Law.

Meanwhile, one request that could not be accepted pertains to the norm in Article 156 paragraph (4) in Article 81 number 47 of the Job Creation Law. The MK could not accept it as the request regarding the said article was considered premature.

Case Number 168/PUU-XXI/2023 was submitted by the Labor Party, the Indonesian Metal Workers Federation (FSPMI), the Confederation of All Indonesian Trade Unions (KSPSI), the Confederation of Indonesian Labor Unity (KPBI), and the Confederation of Indonesian Trade Unions (KSPI).

The applicants submitted 71 points of petition consisting of seven clusters of claims, namely claims regarding the use of foreign workers (TKA), fixed-term work agreements (PKWT), outsourced workers, leave, wages and minimum wage, termination of employment (PHK), severance pay (UP), compensation for wage rights (UPH), and long service award money (UPMK).