Wednesday, July 04, 2007

Manpower Decree Judicial Review Rejected

Friday, 13 April, 2007 | 13:21 WIB

TEMPO Interactive, Jakarta: The Constitutional Court rejected the judicial review request of Article 39 letter a Decree No. 39/2004 yesterday (12/4) on Indonesia's Employee Protection and Placement. The constitutional judge considered that the request was baseless. “So it must be turned down,” said the judges' panel chairman, Jimly Asshiddique, during the constitutional trial in Jakarta.

The judges' panel regarded the grounds that the state must protect the citizens and their interest has been a universal principle. The obligation is also acceptable in international law. The limitation of a working age is also universal. So the panel considered that the state has the right to limit someone's working age based on the person's character and emotional maturity.

The judicial review of Decree No. 39/2004 was proposed by several Indonesia's employee candidates: Esti Suryani (20), Martina Septi Mayasari (19), Deniyati (20), Sumiyati (20) together with the Indonesian Manpower Watch. The employee candidates cannot work abroad under 21 years old.

They assumed that the working age limitation is discrimination against employee candidates under 21. This is regarded as violating the citizen's constitutional right of a decent job and living, the right to work with payment and fair also proper treatment while working.

The court also rejected it based on the Constitutional Panel Decision No. 019-020/PUU-III/2005 on the principle of protection for citizens working abroad. The age limitation is to be able to prevent the practice of employing under-age children.

However, judges Laica Marzuki, Abdul Mukhtie Fadjar, Maruarar Siahaan and Harjono had different opinions. Laica said there is not any guarantee of character and emotional maturity at the age of 21 that can prevent the employee from sexual harassment risk. “The lawmaker's consideration contains unreasonable distinctions,” he said.



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