FPP BNI Improves Application for Labor Law Test

Head of the Bank Negara Indonesia Retirement Struggle Forum (FPP BNI) Martinus Nuroso amended the testing application for Law Number 13 of 2003 concerning Manpower (Labor Law). The session for the improvement of the application registered with Number 100 / PUU-XVI / 2018 was held on Monday (7/1/2019).

He corrected the argument by stating that his application this time was not in the form of the previous case. He also added one article as a test stone, namely Article 28H Paragraph (2) of the 1945 Constitution which states, “Every person has the right to receive facilities and special treatment to obtain equal opportunities and benefits in order to achieve equality and justice.”

“Then, what is the advice of His Majesty the Judge to explore more about the material we submitted, we have tried to explore it more deeply,” he explained via video conference .

Martinus representing FPP BNI tested Article 167 paragraph (3) of the Manpower Act which states, ” In the event that the employer has included workers / workers in a pension program whose contributions / premiums are paid by employers and workers / laborers, then the severance pay is calculated as a pension the premium / contribution is paid by the entrepreneur “.

Through his petition, the Petitioner revealed various efforts he had made with FPP BNI to obtain a lack of severance pay. The applicant assesses, BNI Management, through BNI’s internal regulations, has unilaterally interpreted Article 167 paragraph (3) of the Manpower Law, namely by not considering the explanation of the article. In the explanation of Article 167 paragraph (3), it is explicitly explained the example of the calculation of money that should have been received by the Petitioner as a BNI pensioner. Therefore, the right of the Applicant to obtain severance pay with the amount he appraised appropriately is not fulfilled. Therefore also, the Applicant suffered material losses. The inconsistency of the article with the explanation of the article encourages the Applicant to submit an application for testing the provision.

In his petition, the Petitioner also stressed that the current article is that the applicant is a matter of all workers, who are subject to the Manpower Act. The applicant theorized, with the interpretation of the article by the Constitutional Court, BNI’s internal regulations regarding the calculation of severance pay would be null and void so that it would no longer harm the Applicant. Based on this, the Petitioner requested the Constitutional Court to provide a constitutional interpretation of Article 137 paragraph (3) of the Manpower Act. (Arif Satriantoro / LA)

Source: THE CONSTITUTIONAL COURT OF THE REPUBLIC INDONESIA