Former Logistics Employee Challenges Overtime Clause in Job Creation Law

JAKARTA - Former logistics employee of PT Cipta Niaga Semesta’s Batam branch, Yoga Julianta, has challenged the overtime regulations in the Job Creation Law at the Constitutional Court (MK) after claiming he was disciplined for refusing overtime orders. Yoga is listed as the applicant in case number 167/PUU-XXIV/2026, which challenges the material provisions of Article 78(1)(a) and Article 153(1) of Law No. 6 of 2023 on Job Creation. Yoga argues the regulations fail to provide legal certainty for workers to refuse unreasonable overtime. Applicant’s lawyer, Muhammad Khoirruddin, stated that Article 153(1) of the Job Creation Law does not protect workers who refuse overtime, potentially allowing unilateral dismissal. Additionally, the applicant challenges Article 78(1)(a), which only stipulates worker consent for overtime without specifying the form or mechanism of such consent. Another applicant’s lawyer, Radinal Mahfur, argued the rule grants employers the authority to create overtime-related employment agreements without clear standards. “[The provision] empowers employers to establish employment agreements regarding overtime with worker consent, but fails to define the form, mechanism, or standards of such consent,” Radinal stated. “[The court] should declare Article 153(1) of Law No. 6 of 2023 conditionally invalid unless interpreted to include: ‘… the right to refuse or decline consent for overtime orders’,” Radinal read out in his petition. Meanwhile, the Constitutional Court panel requested the applicant to strengthen the legal arguments in his challenge. The request was made during the preliminary hearing of case number 167/PUU-XXIV/2026 held at the Constitutional Court on Thursday, 21 May 2026. Constitutional Justice Arsul Sani said the applicant must more clearly explain the constitutional grounds for why the challenged provisions harm his rights, rather than relying solely on his specific case. Arsul also noted that Articles 78(1)(a) and 153(1) of the Job Creation Law were previously challenged at the Constitutional Court in 2023 under Decision No. 40/PUU-XXI/2023.