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Constitutional Court Rejects Union Lawsuit Against Omnibus Law

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The Constitutional Court has ruled to reject the lawsuit against law number 11 of 2020 concerning job creation, known as the Omnibus Law, which was submitted by a labour group. 

However, the ruling does state that the law must be amended for the next two years.

Trying in provisions; one, declares the provisional application of petitioner one and petitioner two cannot be accepted and two, rejecting the provisional application of petitioners three through six,” said Chief Justice of the Constitutional Court and Chair of the Panel of Judges Anwar Usman, when reading the decision on Thursday 25th November. 

In the main petition, first it states that the application of petitioners one and two cannot be accepted. Two, the application of petitioner three to five, and partially of petitioner VI are granted,” he added.

In the main petition, the panel of judges also stated that the formation of law number 11 of 2020 concerning job creation is contrary to the 1945 constitution. This means it does not have conditionally binding legal force as long as “no corrections have been made within two years since this decision was pronounced.”

“Stating that law number 11 of 2020 concerning job creation is still valid until adjustments are made to the formation in accordance with the grace period as determined in this decision,” said Anwar.

The panel of constitutional judges also ordered legislators to make improvements within a maximum period of two years after the decision was pronounced. If within that time limit, no improvements are made, said Anwar, then the job creation law will become permanently unconstitutional.

The mass action from labour groups was heard at a trial of the Constitutional Court’s decision related to the Judicial Review of the Job Creation Law in Kawasan Patung Kuda, Central Jakarta. They watched a stream of the court’s decision, broadcast live via YouTube. 

In November 2020, the Confederation of Indonesian Trade Unions (KSPI) officially submitted an application for a judicial review of the job creation law to the Constitutional Court. The application was registered on 12th November 2020 with case number 101/PUU-XVIII/2020.

In the lawsuit, workers demanded that the constitutional judge revoke or cancel the law which was instigated in October 2020. The Confederation of Indonesian Trade Unions, as the plaintiff, assessed that the job creation act was flawed in its procedures from the initial stage until its stipulation.

The KSPI President, Said Iqbal, said that formal defects were due to the lack of involvement of labour unions in the planning, formation, and stipulation of the regulations.

Furthermore, the law has been amended many times, both in terms of pages and the existing articles. He said he suspects that there was a change in the substance of the article because, when asked by the panel of judges, the statements from the government and the House of Representatives were considered convoluted.

In addition to the KSPI, several labour unions have also submitted applications for judicial review, namely the Confederation of All-Indonesian Trade Unions (KSPSI), the Federation of Indonesian Metal Workers Union (FSPMI), and the Federation of Pharmaceutical Workers Unions and Health Reform.

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