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Court Rejects Lawsuit Related Apindo Employee Contract

Court Rejects Lawsuit Related Apindo Employee Contract

Jakarta , ( Analysis ) . The Constitutional Court ( MK ) rejected the lawsuit filed by the Indonesian Employers Association ( Apindo ) on contract employees . The Court expressed no need to wait for the decision of the court if no agreement is contrary to law .

" Rejecting the applicant's request for a full , " said presiding judge Hamdan Zoelva when reading the verdict in the courtroom of the Constitutional Court , Central Jakarta , Wednesday ( 7/5 ) afternoon .

Apindo requesting a judicial review of Law No. 13 of 2003 concerning employment . Article examined, ie Article 59 Paragraph ( 7 ) , Article 65 Paragraph ( 8 ) , and Article 66 paragraph ( 4 ) which specifically relates to the change of status of Specific Time Work Agreement ( PKWT ) or contract into the Employment Agreement Time Indefinite ( PKWTT ) .

Apindo assess the phrase ' by law ' in article tested , PKWT who do not qualify as regulated in Law No. 13 of 2003 and there should be a decision of the court . Meanwhile , the judges consider that the phrase actually ensure legal certainty .

"If there is any disobedience of one of the parties in the implementation as required by law , then it is the authority of the government , especially those conducting business in the field of employment , which is one of its functions is to oversee that the parties comply with the legislation in force , especially Law 13/2003 , " the judges said Usman Anwar .

Other considerations , differences in the interpretation of the phrase ' by law ' to the more technical terms in the field , not something that is contrary to the 1945 Constitution . " Implication , if for no labor agreement the court's decision is contrary to the Act legitimized and considered valid . With the need for decision court will first potential violation of justice for the workers , " he explained . ( DTC )