Applicant to remove laws to create work in MK



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Jakarta, CNN Indonesia –

Applicant for judicial review of Law Number 11 of 2020 on Create job Withdraw the claim in a trial in the Constitutional Court (MK), Thursday (11/12).

The lawsuit was previously filed by a petitioner named Zakarias Horota, Agustinus R. Kambuaya and Elias Patege who were registered in case number 95 / PUU-XVIII / 2020.

Constitutional Court Judge Arief Hidayat initially confirmed the plaintiff’s lawyer, Dimas, on the revocation letter that was submitted on November 9.


“In this letter you state that the principal authorizes the revocation of this 95 application, right?” asked the judge.

Dimas through a videoconference during the trial confirmed it. However, he did not explain the reasons for the revocation.

“So the preliminary judgment has not been reversed yet, yes. Legally, either by letter or in court, it has been declared revoked. If so, the petitioner can get out of this trial, “said the judge.

In a formal proof demand, the applicant questions the process of drafting a law that is considered to be out of compliance with the laws and regulations.

Meanwhile, in the material review, the applicant questioned one of the questions about the process of preparing an Environmental Impact Analysis (Amdal) that is regulated in the Employment Creation Law.

The judge then proceeded to another lawsuit for judicial review of the Employment Creation Law filed by five applicants, namely Hakiimi Irawan, Novita Widyana, Elin Dian, Alin Septiana and Ali Sujito.

The petitioner Hakiimi who is looking for work with his experience as a technician and Novita, a student at a vocational school, feel aggrieved by Article 81 of the Employment Creation Law that regulates Specific Time Agreements (PKWP) or subcontracted workers.

“This eliminates the opportunity for citizens to obtain employment agreements with indeterminate time or permanent workers,” said the applicant’s lawyer, Firda Reza Athariq, via videoconference.

A mass of students who are members of BEM SI held a demonstration against the bus law and commemorated Youth Engagement Day with some workers in the Medan Merdeka Barat area, Jakarta, on Wednesday, October 28, 2020. CNN Indonesia / Andry NovelinoA mass of students who are members of BEM SI held a demonstration against the bus law and commemorated Youth Engagement Day with some workers in the Medan Merdeka Barat area, Jakarta, on Wednesday, October 28, 2020 (CNN Indonesia / Andry Novelino).

While Elin, Alin and Ali are apprentices. They feel disadvantaged by the provisions on educational institutions of the Special Economic Area of ​​article 150 of the Copyright Law.

It is feared that this article may capitalize on education because it is involved in industrial and economic activities. It is also considered that this step may ignore the applicant’s rights that are protected by article 28D, paragraph 1, article 28C, paragraph 1, and article 31, paragraph 1, of the 1945 Constitution.

“The three petitioners have violated their constitutional rights to obtain a fair legal certainty to develop and they have the right to education from science and technology,” he explained.

The legal team also referred to the changes in the handwritten page of the Employment Creation Law that was considered to have violated Article 20 Paragraph 4 and Article 72 Paragraph 2 of Law Number 15 Year 2019.

In these regulations, the drafts should only be modified for technical reasons, such as writing errors or page rules, after being approved in plenary session.

However, according to him, the latest draft of more than 1,000 pages has a series of changes to words or phrases in articles or verses that change the meaning of the rule.

On that consideration, the applicant asked the MK to repeal the Copyright Law.

(seer)

[Gambas:Video CNN]




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