| Issue Number : 481

Recently Granted Judicial Reviews of the Employment Law

Overview

The search for the ideal regulatory framework able to address both the protection of worker rights and the improvement of the lives of the labor force seems to be an endless process. One of the best ways of effecting change here, aside from mass mobilization and rallies of course, is to file a petition for a judicial review of certain elements of the current regulatory framework on employment, such as Law No. 13 of 2003 on Employment (“Employment Law”), Law No. 21 of 2000 on Trade Unions (“Trade-Unions Law”), Law No. 2 of 2004 on Industrial-Relations Dispute Settlements (Penyelesaian Perselisihan Hubungan Industrial – “PPHI Law”) and Law No. 39 of 2004 on the Placement and Protection of Indonesian Migrant Workers (“Indonesian Migrant-Workers Law”).
 
All of the abovementioned laws have been subject to several reviews by Indonesia’s Constitutional Court. Indeed, over the course of the last few years, no fewer than 24 applications have been submitted to the Constitutional Court, either separately or jointly, requesting reviews in order to ascertain whether the laws in question are in contradiction with the 1945 Constitution.[1] The rendered Constitutional-Court Decisions as regards these 24 applications are summarized in the table below:
 
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Overview

The search for the ideal regulatory framework able to address both the protection of worker rights and the improvement of the lives of the labor force seems to be an endless process. One of the best ways of effecting change here, aside from mass mobilization and rallies of course, is to file a petition for a judicial review of certain elements of the current regulatory framework on employment, such as Law No. 13 of 2003 on Employment (“Employment Law”), Law No. 21 of 2000 on Trade Unions (“Trade-Unions Law”), Law No. 2 of 2004 on Industrial-Relations Dispute Settlements (Penyelesaian Perselisihan Hubungan Industrial – “PPHI Law”) and Law No. 39 of 2004 on the Placement and Protection of Indonesian Migrant Workers (“Indonesian Migrant-Workers Law”).
 
All of the abovementioned laws have been subject to several reviews by Indonesia’s Constitutional Court. Indeed, over the course of the last few years, no fewer than 24 applications have been submitted to the Constitutional Court, either separately or jointly, requesting reviews in order to ascertain whether the laws in question are in contradiction with the 1945 Constitution.[1] The rendered Constitutional-Court Decisions as regards these 24 applications are summarized in the table below:
 
......

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Hukumonline Pro Intelligence

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professionalprofessionalUniversity Solutions
*Syarat dan ketentuan berlaku
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