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
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)