- Two Indonesian citizens, Slamet Iswanto and Maul Gani (“Applicants”), recently requested a judicial review of Article 42 (4) of Law No. 13 of 2003 on Manpower (“Manpower Law”), which specifically states the following: “Foreign workers may only be employed in Indonesia under working relationships for certain positions and certain periods”.
- The submission of the petition for a judicial review revolves around the phrases, “certain positions” and, “certain periods”, as used within Article 42 (4) of the Manpower Law. The argument being put forward by the Applicants is that these phrases are too vague and do not provide any specific explanation regarding the positions that foreign workers are permitted to occupy or the periods of employment that are permitted for foreign workers. Furthermore, the Applicants are also claiming that Article 42 (4) of the Manpower Law discriminates against local workers since it makes it harder for said workers to seek out employment opportunities.
- In response to the request for the judicial review, panel members at the Supreme Court have made a number of suggestions to the Applicants, specifically: 1) Technical aspects of the application should be improved and perfected; 2) The various arguments set out under the application should be improved and condensed; 3) The petitum of the Applicants should be revised; and 4) A detailed elaboration should be provided regarding the number of foreign workers currently entering Indonesia.
- For more on this story, see Hukumonline: “Mempersoalkan Pengaturan Jabaran dan Waktu Tertentu Bagi TKA”.
......
Subscribe to read more legal analysis.
Hukumonline Pro Intelligence
Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda
*Syarat dan ketentuan berlaku
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
