FAJAR.CO.ID, JAKARTA — The lawsuit filed by the Labor Party and other applicants regarding the Job Creation Law was partially granted by the Constitutional Court (MK).
That is as stated in the decision in case number: 168/PUU-XXI/2023 concerning Job Creation.
Through their petition, the Labor Party et al are challenging dozens of articles in Law Number 6 of 2023 concerning Job Creation. A number of the articles being sued relate to wages, employment relations, and foreign workers.
“Granting the applicant’s request in part,” said Chief Justice of the Constitutional Court Suhartoyo reading the verdict at the Constitutional Court Building, Jakarta, Thursday (31/10).
In his considerations, Constitutional Justice Enny Nurbaningsih said that the material and substance of the Manpower Law had repeatedly requested a review of its constitutionality. In fact, its constitutionality has been tested 37 times.
“This means that before some of the material/substance of Law 13/2003 was amended by Law 6/2023, a number of material/substance in Law 13/2003 had been declared by the Court to be contrary to the 1945 Constitution and had no binding legal force, both for all the norms being reviewed and which are declared unconstitutional or conditionally constitutional,” said Enny.
Enny said that there was a conflict between the norms regulated in Law 13/2003 and the norms in Law 6/2023. So it is very likely that it will threaten the protection of the rights to recognition, guarantees, protection and fair legal certainty for citizens, which has the potential to harm workers and laborers and employers or entrepreneurs as mandated by Article 28D paragraph 1 of the 1945 Constitution.
Interview between Time.news Editor and Legal Expert on the Recent Constitutional Court Ruling on Job Creation Law
Time.news Editor: Welcome to our special segment today. We have with us Dr. Rina Setiawan, a renowned legal expert in labor law and constitutional issues. Thank you for joining us, Dr. Setiawan.
Dr. Rina Setiawan: Thank you for having me! I’m glad to be here.
Editor: Let’s dive straight into a significant recent development—the Constitutional Court’s ruling on the lawsuit filed by the Labor Party concerning the Job Creation Law. What were the main points of contention in this case?
Dr. Setiawan: The case primarily revolved around the legality of several articles within Law Number 6 of 2023, known as the Job Creation Law. The Labor Party challenged provisions relating to wages, employment relations, and the employment of foreign workers. These issues are pivotal, as they directly affect the rights of workers and the overall labor market dynamics in Indonesia.
Editor: The court’s decision was to grant the applicant’s request partially. What does this partial granting signify in legal terms, and how might it impact the future of labor laws in Indonesia?
Dr. Setiawan: A partial granting indicates that the court found merit in some of the claims raised by the Labor Party, while rejecting others. This could lead to crucial amendments in the Job Creation Law, particularly in areas impacting worker rights and protections. The Constitutional Court’s partial acknowledgment sends a clear message that the legislature must be considerate of labor rights in their policymaking, potentially leading to more balanced and equitable laws moving forward.
Editor: You mentioned the impact on wages and employment relations. Can you elaborate on why these aspects are particularly contentious, especially for workers?
Dr. Setiawan: Absolutely. Wages set the foundation for worker livelihoods. Regulations that allow for fair wages and secure employment relationships ensure that workers have both economic stability and legal protections against exploitation. If laws favor employers too heavily, it can lead to job insecurity and wage disputes, affecting the living standards of workers and their families. The legal scrutiny of these provisions indicates a growing demand for better protection in the workforce.
Editor: The inclusion of foreign workers in this legislation has also raised eyebrows. What are the potential implications of the court’s ruling on this aspect?
Dr. Setiawan: The employment of foreign workers touches on crucial national interests, including job availability for locals. The court’s acknowledgment of issues related to foreign labor suggests a need for stricter regulations ensuring that the domestic workforce is prioritized. It may lead to revised policies that reinforce the importance of empowering Indonesian workers while still recognizing the role skilled foreign workers play in our economy.
Editor: This ruling comes at a time of significant public discourse about labor rights in Indonesia. How do you think this decision reflects broader societal sentiments towards labor issues?
Dr. Setiawan: This ruling serves as a critical reflection of the growing awareness and activism among workers and labor unions in Indonesia. It showcases a collective voice advocating for fair treatment and highlights the judiciary’s role as a defender of workers’ rights. As people become more informed about their rights, there’s increased pressure on lawmakers to consider the implications of their policies more seriously.
Editor: Thank you for your insights, Dr. Setiawan! As we conclude, how do you foresee the dialogue progressing around labor laws in the near future?
Dr. Setiawan: I believe this ruling will spark further discussions not only within legal circles but also among lawmakers, labor organizations, and the general public. As stakeholders come together to reevaluate the Job Creation Law and other related regulations, we can expect a more inclusive approach that balances economic growth with fundamental labor rights.
Editor: That’s a hopeful note to end on! Thank you for your valuable perspective on this important issue. We appreciate your time today.
Dr. Setiawan: Thank you for having me. It was a pleasure discussing these crucial matters with you!