Good News, Constitutional Court Confirms Office Friends Can Be Marriage Tied

By : Herry Barus And Aldo Bella Putra | Thursday, December 14 2017 - 18:30 IWST

Gedung Mahkamah Konstitusi
Gedung Mahkamah Konstitusi

INDUSTRY.co.id - Jakarta - Amar decision of the Constitutional Court (MK) stipulates that workers in one company may be bound by marriage so as to cancel the restrictions contained in Article 153 paragraph (1) letter f of the Manpower Law.

"To grant the Petitioners' petition to the whole," said Chief Justice of the Constitutional Court Arief Hidayat when reading the ruling of the Court in Jakarta on Thursday (14/12/2017)

In the Court's decision stated that the phrase "except as provided for in employment agreements, company regulations, or cooperation agreements" in the a quo provision is contradictory to the 1945 Constitution and has no binding legal force.

The restrictions contained in the quo provisions are deemed by the Court to be ineligible for respect for the rights and freedoms of others.

"Because there is no right or freedom of another person who is disturbed by the existence of blood relation or marital bond as referred to the quo provision," said Constitutional Justice read out the legal considerations of the Court.

In addition, the Court is of the opinion that the a quo provision has made fate something as a condition to override the fulfillment of human rights, so it cannot be accepted as a valid and constitutional reason.

In relation to the a quo provision aimed to prevent negative things happening within the company, the Court is of the opinion that such reasons do not meet the requirements of constitutional restriction as set forth in Article 28J Paragraph (2) of the 1945 Constitution.

"Potential conflicts of interest in taking an internal decision of the company can be prevented by formulating strict corporate regulations that allow for the establishment of high integrity of workers," said Constitutional Justice.

In addition, the Court also considered that in the quo provisions of workers or laborers are parties who are in a weaker position because of being a party that requires work.

In this condition the Court is of the opinion that the philosophy of freedom of contract which is one of the conditions of the validity of the agreement becomes not fully fulfilled.

Therefore Article 153 Paragraph (1) Sub-Paragraph f of the Manpower Act as a whole is now read, "Employers are prohibited from terminating employment for the reason that workers or laborers have a blood relation and / or marital bond with other workers or laborers in one company." The petition for judicial review was filed by Jhoni Boetja and seven colleagues, as representatives of the Regional Representatives Council and the House of Representatives of the Branch of the PLN Workers Union, who felt disadvantaged with the a quo provision. (Ant)

News Comment

Today's Industry

Gibu Mathew, Vice President and General Manager in Asia-Pacific (APAC) in Zoho Corp. (special)

Rabu, 30 November 2022 - 11:22 WIB

How to Make SaaS Work for Small and Medium-Sized Businesses

Southeast Asia's digital transformation has been impressive as the region is now poised to reach a projected digital economy worth USD360 billion by 2025. With digitalisation, the region bore…

PT Dharma Polimetal ("Dharma Group") Triputra Group automotive component manufacturing company.

Senin, 28 November 2022 - 12:15 WIB

DRMA Remains Optimistic 2023 Automotive Still Rises, Targets Sales Up 20%

PT Dharma Polimetal Tbk (“DRMA”), a listed company engaged in automotive component manufacturing business sees the prospects for the automotive business in 2023 will still remain promising.…

Alvara Research

Sabtu, 26 November 2022 - 06:20 WIB

Turnover Rises High, Culinary MSMEs No Problem Paying OFD Platform Commissions

Online food delivery (OFD) services have accelerated the growth of food and beverage (F&B) MSMEs in Indonesia by 1.9 times faster compared to offline sales. OFD platforms enable MSMEs to have…

KB Bukopin Building. (Photo: Kompas.com)

Kamis, 24 November 2022 - 20:43 WIB

Shares Price Falling, Deficit IDR 6.99 Trillion, KB Bukopin Investors Not to Expect Dividends

The shareholders hope of issuers listed on the Indonesia Stock Exchange is of course to produce investment results in the form of capital gains and dividends obtained from the positive performance…

A Health exhibition of Banten Province on November 3-5, 2022 at ICE BSD, South Tangerang, Banten. (Photo: Banten Province PR)

Jumat, 18 November 2022 - 16:14 WIB

Premier Bintaro Hospital Assigned as Banten Medical Tourism Hospital

Banten Province hosted the 58th National Health Day by holding a health exhibition on November 3-5, 2022 at the Indonesia Convention Exhibition (ICE) BSD, South Tangerang, Banten.