Judicial Review for Overseas Workers Law
Wednesday, 10 January, 2007 | 12:57 WIB

TEMPO Interactive, Jakarta: The Constitutional Court began a trial yesterday (9/1). regarding the request for a judicial review of the Indonesian Workers Placement and Protection Overseas Decree.

The request was proposed by several prospective Indonesian overseas workers and the Indonesian non-governmental organization (NGO) Indonesia Manpower Watch.

Indonesia Manpower Watch asked the Constitutional Court to correct article 35 letter B of the law because this is regarded as contradictory to article 27 point 2 and article 28 point 2 of the 1945 State Constitution.

“Age limitations regulated by the Indonesian Workers Placement and Protection Overseas Law causes stagnation and discrimination in practice,” said Indonesia Manpower Watch’s legal advisor, Soekitjo, during the trial at the Constitutional Court yesterday.

Article 35 letter A of the law stated “minimum 18 years old except prospective Indonesian overseas workers who are employed by individuals, minimum 21 years old.”

According to Soekitjo, the article contradicts article 27 point 2 of the 1945 State Constitution that states “every citizen has the right of adequate job and living” and article 28 point 2 “every person has the right to work and receive just and proper wage and treatment in relation to work.”

“The law is discriminative as regards productive ages of between 18 and 20 years old,” he said.

The judicial review request trial was started with initial checking by the panel of judges, led by H.M. LAica Marzuki.

Judge Laica asked the applicants to be more prudent in composing their request.

This was because, he said, the Constitutional Court has checked a judicial review over the same law on March 28, 2006.

“What is the difference between this request and the previous one?” he said.

The result was that at the end of the trial, the Constitutional panel of judges gave the applicants 14 days time in which to correct their request.

Rini Kustiani